Library 


of Congress. 


UNITED STATES OF AMERICA. 


Chap'.- 
Shelf. 


----- --SS 

JtzCS 



THE 



Geneeal Electioi Laws 



of Kansas 



iCfOCW^N, 



SYSTEMATIZED FOR THE CONVENIENCE O^ELECT- 
ORS AND ELECTION OFFICERS. 



By G. O. CLEMENS 



Crane & Company, Publishers 

Topeka, Kansas 

1899 







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Copyrighted by 

Crane <& Company, Topeka, Kansas 

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SECOND COfJY, (^ Ofr Q 



9 91. 



PEEFAOE. 

This compilation is intended for the convenience of electors 
and election officers; and in order to render it convenient the 
editor has taken the statutes to pieces and rearranged them so 
as to bring together all provisions relating to each subject. The 
law is all here, however, and at the end of every' section the 
place to find the original is given, so that the reader can find it 
if he wishes. The compilation goes through with general elec- 
tions down to the point where returns are made to the county 
clerk. Beyond that point no special compilation could be of use. 

G. C. CLEMENS. 

Sept. 1899. 



(3) 



CONTENTS. 

Pages. 

Chapter I — Officers to be Elected 5 

Chapter II — Naming Candidates. . . T 

Chapter III — Facilities for Voting 15 

Chapter IV — Conducting Election • • . . . 25 

Chapter V — -Votes of Soldiers and of Inmates of Soldiers' 

Home 37 

Chapter VI — Pure-Elections Law 44 

Appendix — Approved Forms 50 



(4) 



GENERAL ELECTION LAWS, 

CHAPTEE I. 
OFFICES TO BE FILLED. 



BIENNIALLY — EVEN YEARS. 

Section 1. On the Tuesday succeeding the first Monday in 
November, A. D. 1868, and on the Tuesday succeeding the 
first Monday in November in every second year thereafter, 
there shall be held a general election for the election of repre- 
sentative in congress, governor, lieutenant-governor, secretary 
of state, auditor of state, treasurer of state, attorney-general, 
superintendent of public instruction, justice of the supreme 
court, senators;* and in each county, probate judge, clerk of the 
district court, county superintendent of public instruction, and 
county attorney. [Gen. Stat. 1889, f 2767.] 

Sec. 2. That at the general election to be held in the state of 
Kansas in November, in the year 1900, and every two years 
thereafter, there shall be elected a superintendent of insurance 
for the state of Kansas, whose term of office shall be two years 
from the second Monday in January next succeeding his elec- 
tion; and in case of vacancy in said office the governor shall 
appoint some suitable person to servO until the next general 
election and until his successor is elected and qualified. [Laws 
Special. Session of 1898, ch. 18, § 1.] 

Sec. 3. At the general election held in eighteen hundred and 
seventy-six, and thereafter, members of the house of represent- 
atives shall be elected for two years, and members of the senate 
shall be elected for four years. [Constitution, Art. 2, § 29.] 

BIENNIALLY — ODD YEARS. 

Certain county officers. Sec. 4. On the Tuesday suc- 
ceeding the first Monday in November, A. D. 1869, and on the 
Tuesday succeeding the first Monday in November in every 

*See£3. 

(5) 



Q GENERAL ELECTION LAWS. 

second year thereafter, there shall be held a general election 
for the election in each county of sheriff, coroner, county com- 
missioners,* county clerk, county treasurer, register of deeds, 
county surveyor, and county assessor. [Gen. Stat. 1889, 
T2768.] 

aUADRENNI ALLY — EVEN YEARS.f 

Sec. 5. On the Tuesday succeeding the first Monday in No- 
vember, 1868, and on the Tuesday succeeding the first Monday 
in November in every fourth year thereafter, there shall be held 
a general election for the election in each judicial district of one 
judge of the district court, and as many electors of president and 
vice-president of the United States as this state may be entitled 
to. [Gen. Stat. 1889, f 2769.] 

Sec. 6. The provisions of this act shall not apply when there 
are special provisions in any other statute, fixing the time for 
the election of any of the officers above named. [Id., f 2771.] 

Sec. 7. At the election held in the year 1900 three judges 
[of the court of visitation] shall be elected, whose term of 
office shall commence on the second Monday of January in the 
following year, and who shall hold for the term of four years. 
The terms of the judges thereafter elected shall be four years. 
[Laws Special Session of 1898, ch. 28, § 2.] 

Sec. 8. The governor shall, on the first Monday of April 
next,:): appoint a state solicitor, who shall hold until his succes- 
sor is elected and qualified. His successor shall be elected by 
the voters of the state at the general election in 1900, for a regu- 
lar term of office, which shall be four years from and after the 
second Monday in January after his election. [Id., § 5.] 

Sheriff's proclamation. Sec. 9. It shall be the duty of 
the sheriff, and he is hereby required, fifteen days at least 
before the holding of any general election, or ten days before 
the holding of any special election, to give public notice by 
proclamation throughout his county, of the time of holding such 
election, and the officers at that time to be chosen, one copy of 
which shall be posted up at each of the places where the elec- 
tions are appointed to be held, and inserted in some newspaper 
published in the county, if any be published therein. [Gen. 
Stat. 1889, 1 2660.] 

*See Constitution, art. 9, \ 3, as to commissioners, 
f As to state senators, see g 3. 
1 1899. 



CHAPTER II. 
NAMING CANDIDATES. 



GENERALLY. 

Nominations. Sec. 10. Any convention of delegates, 
primary, caucus, or meeting of qualified voters, as hereinafter 
defined, and individual electors to the number and in the man- 
ner hereinafter specified, may nominate candidates for public 
office, whose name shall be placed upon the ballots to be fur- 
nished as hereinafter provided. [Australian Ballot Law of 
1897, § 3.] 

Certificate of nomination. Sec. 11. Any convention of 
delegates, primary, caucus or meeting of a political party, may, 
for the state or division thereof, or municipality for which the 
■convention, primary, caucus or meeting is held, as the case may 
be, by causing a certificate of nomination to be duly filed, 
make one such nomination for each office therein to be filled 
at the election: Provided, Such convention of delegates, pri- 
mary, caucus or meeting, represents a party which cast not 
less than Hve per cent, of the total vote polled in the state, 
division thereof, or municipality for which the convention, 
primary, caucus or meeting is held. Every such certificate of 
nomination shall state such facts as are required in section six 
of this act, and shall be signed by the presiding officer and by 
the secretary of the convention, caucus or meeting, who shall 
add to their signatures their places of residence. Where such 
nomination is made by primary election, the certificate shall be 
signed by the board of canvassers, to which the returns of such 
primary are made. Such certificates shall be sworn to by them 
to be true, to the best of their knowledge and belief, and a cer- 
tificate of an oath shall be annexed to the certificate of nomina- 
tion. [Id., § 4.] 

Nominations by petition. Sec. 12. Nominations of can- 
didates for any office to be filled by the voters of the state at 
large, may also be made by nomination papers, signed in the 
aggregate for each candidate by not less than twenty-five hun- 

(?) 



8 GENERAL ELECTION LAWS. 

dred qualified voters of the state. Nominations for candidates 
for offices to be filled by the electors of a county, district or other 
division less than a state, may be made by nomination papers, 
signed in the aggregate for each candidate by not less than five 
per centum of the qualified voters of such county, district or 
other division ; and in no case to be signed by less than twenty- 
five such voters of said county, district or division. Nomina- 
tions for candidates for offices to be filled by the electors of a 
city, town, precinct or ward, may be mad© by nomination 
papers signed in the aggregate for each candidate by not less 
than iive per centum of the qualified voters of such city, town, 
precinct or ward, and in no case to be signed by less than ten 
of such voters of such city, town, ward or precinct. Each 
elector signing a certificate shall add to his signature his place 
of business and post-office address. [Id., § 5.] 

Certificate, what to contain. Sec. 13. All certificates 
of nomination, or nomination papers, shall, besides containing 
the names of the candidates, specify as to each: First, the 
office to which he was nominated ; second, the party or political 
principle which he represents, expressed in not more than iive 
words; third, his place of residence, with street and number 
thereof, if any. In case of electors for president and vice-presi- 
dent of the United States, the names for the candidates for 
president and vice-president may be added to the party or 
political appellation. [Id., § 6.] 

Time for filing nomination papers. Sec. 14. Certifi- 
cates for nomination and nomination papers for the nomina- 
tion of candidates for offices to be filled by the electors of the 
entire state, or any division or district greater than a county, 
shall be filed with the secretary of state not less than forty days 
before the day fixed by law for the election for which the 
candidates are nominated. All other certificates for the nom- 
ination of candidates shall be filed with the county clerks of 
the respective counties, not less than thirty days previous to 
the day of such election: Provided, That the certificates of nom- 
ination, and nomination papers for the nomination of candi- 
dates for the offices in cities shall be filed with the clerks of the 
cities not less than ten days previous to such election. [Id., § 7.] 

Names withdrawn, when. Sec. 15. Any person whose 
name has been presented as a candidate may cause his name 
to be withdrawn from nomination by his request in writing, 
signed by him and acknowledged before an officer qualified to 
take acknowledgment of deeds, and filed with the secretary of 



NAMING CANDIDATES. 9 



state not less than thirty days, or with the clerk of the county 
not less than twenty days, and with the city clerk not less than 
eight days previous to the day of election; and no name so 
withdrawn shall be printed upon the ballots.* All certificates 
of nomination and nomination papers, when filed, shall be open, 
under proper regulations, to public inspection, and the secre- 
tary of state, and the several county clerks and city clerks 
having charge of the nomination papers, shall preserve the 
same in their respective offices for not less than one year after 
the election. [Id., § 8.] 

Vacancy, how filled. Sec. 16. In case a candidate who 
has been duly nominated, under the provisions of this act, dies 
before election day, or decline the nomination as in this act pro- 
vided, or should any certificate of nomination be held insuffi- 
cient or inoperative by the officers with whom they may be filed, 
the vacancy or vacancies thus occasioned may be filled by the 
political party or the persons making the original nominations ; 
or, if the time is insufficient therefor, then the vacancy may be 
filled, if the nomination was by convention, primary, or caucus, 
in such manner as the convention, primary, or caucus had pre- 
viously provided ; or in case of no such provisions, then by the 
regularly elected or appointed executive or central committee 
representing the political party or persons holding such conven- 
tion, primary meeting, or caucus. The certificates of nomina- 
tions made to supply such vacancy shall state, in addition to the 
facts hereinbefore required by this act, the name of the original 
nominee, the date of his death or declination of nomination, 
or the fact that the former nomination had been held insufficient 
or inoperative, and the measures taken in accordance with the 
above requirements for filling a vacancy, and it shall be signed 
and sworn to by the presiding officer and the secretary of the 
convention, primary, or caucus, or by the chairman and secre- 
tary of the duly authorized committee, as the case may be. 
[Id., §9.] 

Objections to nominations. Sec. 17. The certificate 
of nomination and nomination papers being so filed, and being 
in apparent conformity with this act, shall be deemed to be 

*A vice-presidential candidate whose name (together with that of his asso- 
ciate presidential candidate) has been certified by authority of a state conven- 
tion of his party as an addition to the party appellation, and who has not 
declined the national nomination, nor withdrawn as a candidate in Kansas, has 
no right under § 8 of said Australian ballot law to forbid such use of his name 
on the electoral ticket nominated by his party in this state. (Breidenthal v. 
Edwards, 57 Kan. 332.) 



10 GENERAL ELECTION LAWS. 

valid, unless objection thereto is duly made in writing within 
three days from the date said papers are filed with the proper 
officers. Such objections or other questions arising in relation 
thereto, in the case of nominations of state officers or officers 
to be elected by the voters of a division less than a state, and 
greater than a county, shall be considered by the secretary of 
state, auditor of state and attorney-general, and a decision of 
a majority of these officers shall be final.* Such objections or 
questions arising in the case of nominations for officers to 
be elected by the voters of a county or township, shall be 
considered by the county clerk, clerk of the district court 
and county attorney; and the decision of a majority of 
said officers shall be final, f Objections or questions arising 
in the case of nominations for city or incorporated town officers 
shall be considered by the mayor and clerk, with whom one 
councilman, chosen by a majority of the councilmen, shall act; 
and the decision of a majority of such officers shall be final. In 
any case where objection is made, notice shall forthwith be 
given, by the officer with whom the objections are filed, to the 
candidates affected thereby, addressed to their places of resi- 
dence, as given in the nomination papers, and stating the time 
when — in no case to be more than five days, if a state or district 
officer, nor more than three days if a county officer — and the 
place where such objections will be considered. All mandamus 
proceedings to compel an officer to certify and place upon the 

* After the hearing and overruling by the tribunal provided for by section 
10 of the Australian ballot law of all objections to the nomination certificate 
filed by authority of a state convention of a political party, the further duties 
of the secretary of state as to certification under \ 13 of said law are ministerial 
only, and he has no right to challenge, and the courts have no authority to con- 
sider, the motives actuating any political party convention in its course, and he 
should certify any proper and requisite matter duly appearing on the nomina- 
tion certificate. (Breidenthal v. Edwards, 57 Kan. 332.) 

f Where a political party in a county divides into opposing factions, and 
each faction holds a convention composed of a large number of delegates, and 
nominates a full set of candidates for the offices to be filled by the voters of the 
county, the county officers whose duty it is to consider objections to certificates 
of nomination, and nomination papers, have no power or authority to determine 
which of the two opposing factions is the true representative of the party, nor to 
exclude the candidates of either faction from the official ballot after the nomina- 
tion of its candidates has been duly and regularly certified to the county clerk 
in the manner pointed out by the statute. (Sims v. Daniels, 57 Kan. 552.) 

The officers so designated for the consideration of such objection have no 
power to consider and enforce written agreements made by the candidates and 
committees of opposing factions of a political party, providing for the settle- 
ment of their differences and for a determination of the question as to which 
set of candidates is entitled to a place on the official ballot and to the use of the 
party name. Agreements of candidates, even though in writing, to withdraw 
on the happening of a certain event or contingency, cannot be considered or 
enforced by such special tribunal. (Id.) 



NAMING CANDIDATES. 11 

ballot any name or names, and all injunction proceedings ask- 
ing that said officers be restrained from certifying and placing 
upon the ballot, any name or names, must be commenced not 
less than twenty days before the election. [Id., § 10.] 

Secretary of state to certify to clerks. Sec. 18. When 
such certificate is filed with the secretary of state, he shall, in 
certifying nominations to the various county clerks, insert the 
name of the person thus nominated to fill vacancy in place of 
the original nominee ; and in the event that he has already sent 
forward his certificate, he shall forthwith certify to the clerks of 
the proper counties the name and description of the person so 
nominated to fill the vacancy, the office he is nominated for, 
with the other details mentioned in certificates of nomination 
filed with the secretary of state; he shall immediately certify 
the name so supplied to the authorities charged with the print- 
ing of the ballots. The name so supplied for the vacancy shall, 
if the ballots are not already printed, be placed on the ballots 
in place of the name of the original nominee ; or, if the ballots 
have been printed, new ballots, whenever practicable, shall be 
furnished. [Id., § 11.] 

Name, how changed on printed ballot. Sec. 19. When- 
ever it may not be practicable to have new ballots printed, it 
shall be the duty of the election officer having charge of the 
ballots, to place the name so supplied for the vacancy upon 
each ballot issued before delivering it to the voter; the name 
so supplied may be placed upon the ballots either by affixing a 
paster, or by writing or stamping the name upon the ballot; 
and to enable this to be done, the officer with whom the certifi- 
cates of nomination are to be filed, shall immediately furnish 
the name of such substituted nominee to all judges of election 
within the territory in which such nominee may be a candidate : 
Provided, That in all cases where the certificates of nomination 
or nomination papers are filed with the secretary of state he 
shall be required only to immediately furnish the name of such 
substituted nominee to the county clerks within said territory, 
and it shall then be the duty of the county clerk to furnish such 
information to the judges of election as hereinbefore stated. 
[Id, § 12.] 

Secretary of state shall certify. Sec. 20. Not less than 
twenty days before an election to • fill any public office, the 
secretary of the state shall certify to the county clerk of each 
county within which any of the electors may by law vote for 
the candidates for such office, the name and residence of each 



12 GENERAL ELECTION LAWS. 

person nominated for such office, as specified in the certificates 
of nomination or nomination papers filed with the secretary of 
state.- [Id., § 13.] 

Penalty for irregularities. Sec. 21. Any person who 
shall falsely make, or wilfully destroy any certificate of nom- 
ination, or nomination papers, or any part thereof, or any 
letter of withdrawal, or who shall file any certificate of nomin- 
ation, or nomination papers, knowing the same, or any part 
thereof to be falsely made, or suppress any certificate of nom- 
ination or nomination papers, or any part thereof which have 
been duly filed, or who shall forge or falsely make the official 
indorsement on any ballot, or who shall substitute therefor any 
spurious or counterfeit ballot, or who shall make, use, circulate 
or cause to be made, used or circulated as an official ballot, or 
any paper printed in imitation or resemblance thereof, or who 
shall wilfully destroy or deface any ballot, or who shall wilfully 
delay the delivery of any ballots shall, upon conviction, be 
punished by a fine of not less than one hundred dollars nor 
more than one thousand dollars, or by imprisonment in the 
penitentiary for not less than one year nor more than five years, 
or by both such fine and imprisonment. [Id., § 29.] 

PRIMARY ELECTIONS. 

To be held under following provisions. Sec. 22. 

When any voluntary political association or party in any dis- 
trict, county, township, or municipal corporation causes notice 
of the holding of any primary election to be published, as pro- 
vided in the next two sections, such election shall be held and 
conducted under the provisions of this chapter. [Laws 1891, 
ch. 115, § 1.] 

Notice must be given by central committee. Sec. 23. 
Such notice must be ordered by a vote of a majority of the cen- 
tral or controlling committee of such association or party, and 
state the authority by which it is published, the purpose, time, 
manner, conditions and places of the holding of such election, 
the name of a legal voter of the precinct who is to preside and 
supervise at each poll, and shall prescribe the qualifications, 
not inconsistent with the provisions of this chapter, of the per- 
sons to vote at such election. [Id., § 2.] 

*This provision is mandatory ; and the secretary of state must send his cer- 
tificate to county clerks the required number of days before the election, even 
though objections to the nominating papers have been filed and have not been 
determined. (Simpson v. Osborn, 52 Kan. 328.) 



NAMING CANDIDATES. 13 

§ 

Five days' notice in newspaper. Sec. 24. At least 
five days previous to any such election such notice shall be pub- 
lished in newspapers printed and of general circulation in each 
-county of the district ; or, where the election is held in the terri- 
tory of a single county, in such newspaper of that county; but 
the publication shall not be required in any county in which no 
newspaper is printed; the notice shall also be posted in at 
least three public places in each precinct within the territory 
in which the election is to be held, and proof that the notice 
was so posted in the other precincts shall not be required to 
show that any such election was legally held at any precinct in 
which the same was duly posted. [Id., § 3.] 

Supervisor take oath. Sec. 25. The person named in the 
notice as supervisor, or, in his absence or refusal to serve, the 
person chosen by the electors present to be such supervisor, 
shall take an oath that he is a legal voter at such poll ; that he 
will correctly and faithfully conduct such election, protect it 
against all frauds and unfairness, and carefully and truly can- 
vass all votes cast thereat, in the manner required by the 
authority appointing the election; and thereupon, the super- 
visor shall cause the electors present, possessing the qualifica- 
tions of persons entitled to vote under the notice, to chose two 
judges and two clerks of election to assist him in receiving and 
taking account of the votes cast, to each of whom shall be ad- 
ministered the same oath taken by the supervisor ; and a town- 
ship trustee or clerk, or a supervisor of election, who has been 
duly sworn, may administer the oath prescribed in this section. 
[Id, § 4.] 

Qualified elector may challenge votes. Sec. 26. A 
qualified elector under the notice may challenge any vote of- 
fered, because the person offering it is not entitled to vote 
under the notice, or is not a citizen of the United States, or 
cannot be at the next election a legal voter of the precinct, or 
has received or been promised, directly or indirectly, any 
money, fee or reward for his vote for any candidate at such 
election, or has voted before on the same day at that or some 
other precinct, in the same election. [Id., § 5.] 

Supervisor or judge must administer oath to chal- 
lenged voter. Sec. 27. Thereupon, the supervisor, or one 
of the judges, shall administer to the person offering to vote, 
an oath that he will true answers make to such questions a3 
may be put to him touching his qualifications to vote at such" 
•election, and shall interrogate him as to his qualifications. If 



14 GENERAL ELECTION LAWS. 

such person refuse to be sworn, or, being sworn, refuse to an- 
swer any question, his vote shall be rejected ; but if the oath be 
taken and the questions be answered satisfactorily, and he be 
not successfully contradicted by the sworn testimony of wit- 
nesses who may be called, his vote shall be received, and the 
word " sworn " shall be noted opposite his name on the poll 
book. [Id., § 6.] 

Punishment for bribing voters. Sec. 28. That if any 
candidate for office in any election mentioned in this act, or 
any other person, shall directly or indirectly offer, promise, 
procure, confer, or give any money, property, thing in action, 
preferment, or other consideration or valuable thing, any 
money, note or check, draft, credit, or property, to be used by 
way of fee, reward, gift, or gratuity, for giving or refusing to 
give, any vote in any election of any public officer, state, county, 
or municipal, whatever, or of any member of the congress of the 
United States, or electors for president and any vice-president 
of the United States, such person either offering, asking or re- 
ceiving the same shall be deemed and taken to be guilty of a 
misdemeanor, and on conviction thereof be punished by fine or 
imprisonment, or both, at the discretion of the court, said fine 
not to exceed one hundred dollars nor such imprisonment six 
months: And further, Such person shall, on such conviction, 
and as a part of the judgment of the court, be deprived of the 
right of suffrage, and such candidate for office be disqualified 
to hold any office to which he was elected at such election. And 
further, If any person shall mark, in any way, for the purpose 
of corruptly identifying any ticket that shall be afterwards 
voted at such election, with intent to escape, evade or violate the 
provisions of this act, then any such person shall be deemed and 
taken to be guilty of a misdemeanor, and on conviction thereof 
be punished by fine or imprisonment, or both, at the discretion 
of the court, said fine not to exceed one hundred dollars, and 
such imprisonment six months. [Id., § 7.] 

Persons compelled to testify. Sec. 29. That any per- 
son may be compelled to testify in any judicial proceedings 
against any person or persons charged with bribery, corrupt 
solicitation, or the offenses hereby prohibited, and shall not be 
permitted to withhold his testimony on the ground that he may 
criminate himself or subject himself to punishment, but such 
testimony shall not be afterwards used against him in any 
"judicial proceedings, except for perjury in such testimony. 
'[W, § 8.] 



CHAPTEK III. 
FACILITIES FOR VOTING. 



Where elections held. Sec. 30. Each township in the 
several counties shall compose one election district, unless such 
township is now or shall hereafter be divided by law, into more 
districts than one, the election to be held at such place in such 
township or district as the trustee and any justice of the peace 
in each township shall direct ; and each ward of any city that 
is or may be divided into wards, shall compose one election 
district, the elections therein to be held at such places as the city 
council may direct. [Gen. Stat. 1889, 1 2657.] 

Where polls not to be opened. Sec. 31. ISTo poll shall 
be opened, or election be held, in this state, at or in any build- 
ing in which spiritous, vinous, fermented or other intoxicating 
liquors are kept or sold. [Id., If 2724.] 

Hours of voting. Sec. 32. At all elections to which this act 
applies, the polls shall be opened at eight o'clock in the morn- 
ing and shall be closed at six o'clock in the evening. [Australian 
Ballot Law of 1897, §34.] 

Ballots furnished at public expense. Sec. 33. All bal- 
lots cast in any general election or special election in this state, in 
any political subdivision thereof larger than a school district, 
shall, after the taking effect of this act, be printed and distrib- 
uted at public expense. The printing and distribution of bal- 
lots and all other expenses connected with, or growing out of 
the provisions of this act, or that are necessary to provide for 
the elections thereunder, shall be paid by the townships and 
cities of the first and second classes ; and it shall be the duty of 
the county commissioners to apportion such expenses to the 
townships and cities of the county in proportion to the votes 
cast at the last preceding general election in each township and 
city. It shall be the duty of the county clerk to charge such 
expenses, as apportioned by the board of county commissioners, 

(15) 



16 GENERAL ELECTION LAWS. 

to the general fund of the several townships and cities of the 
first and second classes. [Id., § 1.] 

Sec. 34. The printing and distributing of ballots for use in 
city elections shall be at the expense of the cities or towns in 
which such elections shall be held. The term "general election" 
as used in this act, shall apply to any election held for the 
choice of national, state, judicial, district or county offices,, 
whether for the full term or for the filling of a vacancy. The 
term "city election" shall apply to any municipal election held 
in a city or incorporated town. [Id. § 2.] 

Ballot, how arranged, etc. Sec. 35. The names of all 
candidates to be voted for in each election district or precinct 
shall be printed on one ballot ; all nominations for any political 
party or group of petitioners being placed under the party ap- 
pellation or title of such party or group, as designated by them 
in the certificates of nomination or petitions, or, if none is desig- 
nated, then under some suitable title : Provided, That the name 
of not more than one nominee for each office to be filled at the 
election shall be placed in any one column upon the ballot; * 
and the ballot shall contain no other names, except that, in case 
of electors for president and vice-president of the United States, 
the names of the candidates for president and vice-president 
may be added to the title of the party or political organization. 
If a constitutional amendment or other public measure is sub- 
mitted to a vote, such question shall be printed upon the ballot 
after the list of candidates, and words calculated to aid the 
voter to answer any question submitted to a vote may be added, 
such as " yes," " no," or the like. On the back or outside of 
the ballot, so as to appear when folded, shall be printed the 
words " official ballot," followed by the designation of the poll- 
ing place for which the ballot is prepared, the date of election, 
and a facsimile of the signature of the clerk or other officer who 
has caused the ballot to be printed. The ballots shall be on 
plain white paper through which the printing or writing cannot 
be read. The party appellation or title shall be printed in capi- 
tal letters not less than one-fourth of an inch in height, and 
immediately below such party appellation or title shall be 
printed the following statement: Electors will make a cross- 
mark, thus, X, in the square at the right of the candidate for 

*The name of the same candidate may be placed on the official ballot on two 
or more tickets. (Simpson v. Osborn, 52 Kan. 328.) 



FACILITIES FOR VOTING. 17 

whom they wish to vote. The names of the candidates shall be 
printed in capital letters not less than three thirty-seconds nor 
more than six thirty-seconds of an inch in height. And at the 
right of each line in which the name of the candidate is printed 
a square shall be printed, the size of which shall not be less than 
one-fourth of an inch in length. The list of candidates for the 



designated title upon the ballot, preceded by the words : " Shall 
the following proposition be adopted ? " Two spaces shall be 
left on the right hand margin, one for the votes favoring the 
measure, to be designated by the word " yes," and one for the 



PEOPLE'S PARTY, 


Electors will make a cross-mark, thus, 
X. in the square at the right of the name 
of the candidate for whom they wish to 


For Governor, 

JOHN W. LEEDY. 


□ 


For Lieutenant-Governor, 

A. M. HARVEY. 


□ 


For Chief Justice, 

FRANK DOSTER. 


□ 


For Secretary of State, 

W. E. BUSH. 


□ 


For Attorney-General, 

L. C. BOYLE. 


□ 







DEMOCRATIC PARTY, 



Electors will make a cross-mark, thus, 
X, in the square at the right of the name 
of the candidate for whom they wish to 



For Governor, 

JOHN W. LEEDY. 



For Lieutenant-Governor, 

A. M. HARVEY. 



For Chief Justice, 

FRANK DOSTER 



For Secretary of State, 

W. E. BUSH. 



For Attorney-General, 

L. C. BOYLE. 



□ 



□ 



». □ 



□ 



□ 



REPUBLICAN PARTY, 



Electors will make a cross- mark, thus, 
X, in the square at the right of the name 
of the candidate for whom they wish to 
vote. 



E. N. MORRILL. 



For Lieutenant Governor, 

E. H. RICHTER. 



For Chief Justice, 

I. H. GARVER. 



For Secretary of State, 

W. C. EDWARDS. 



For Attorney-General, 

F. B. DAWES. 



□ 



□ 



□ 



□ 



□ 



Electors will make a cross-mark, thus, 
X, in the square at the right of the name 
of the candidate for whom they wish to 
vote. In this column write the name of 

the candidate. 



For Governor, 



For Lieutenant-Governor, 



For Chief Ju 



For Secretary of State, 



For Attorney-General, 



□ 



□ 



D 



□ 



□ 



( And continuing 



ike manner as to all candidates to be voted for at such election.) 



1$ GENERAL ELECTION LAWS. 

to the general fund of the several townships and cities of the 
first and second classes. [Id., § 1.] 

Sec. 3-i. The printing and distributing of ballots for use in 
city elections shall be at the expense of the cities or towns in 
which such elections shall be held. The term "general election" 
oc- -ncprl in this act. shall apply to any election held for the 



priiitcu. ujul^ j-^^ .. 

mark, thus, X, in the square at the right of the candidate tor 

*The name of the same candidate may be placed on the official ballot on two 
or more tickets. (Simpson v. Osborn, 52 Kan. 328.) 



FACILITIES FOR VOTING. 17 

whom they wish to vote. The names of the candidates shall be 
printed in capital letters not less than three thirty-seconds nor 
more than six thirty-seconds of an inch in height. And at the 
right of each line in which the name of the candidate is printed 
a square shall be printed, the size of which shall not be less than 
one-fourth of an inch in length. The list of candidates for the 
several parties and groups of petitioners shall be arranged ac- 
cording to the number of votes cast in the counties by the several 
parties at the last preceding general election. The party casting 
the largest number of votes, for the highest office voted for in 
the county at such election, shall have the first place on the 
ticket ; the party casting the next largest number shall have the 
second place on the ticket ; and so on, arranging the tickets on 
the ballot in the order of the number of votes received by each 
party. Tickets placed upon the ballot by petition shall follow 
the tickets placed upon the ballot by nomination, convention, 
caucus, or primary, the ticket having the largest number of 
petitioners to come first, and the ticket the second largest num- 
ber of petitioners next, and so on: Provided, That single nom- 
inations made by petition, shall be placed together in one col- 
umn under the head of " independent candidates," unless there 
be more than one such candidate for any one office. Each of 
the adjoining columns containing the list of candidates, includ- 
ing the party appellation, shall be separated by two distinct 
lines, not less than one-sixteenth of an inch apart ; all as in the 
accompanying sample ballot. [Australian Ballot Law, § 14, 
amended by ch. 17, Laws Special Session of 1898.] 

Sec. 36. Township tickets shall not contain the names of the 
candidates for road overseers, but only a blank space at the 
bottom in which to write the name of such candidates, and any 
elector who shall knowingly vote for a candidate for road over- 
seer who is not a resident of the district in which such elector 
resides, shall be guilty of a misdemeanor, and upon conviction 
thereof, shall be fined not more than one hundred dollars nor 
less than ten dollars. [Australian Ballot Law of 1897, § 31.] 

Sec. 37. Whenever an amendment to the constitution or 
other public measure is proposed to be voted upon by the people, 
such amendment or other public measure shall be printed by 
designated title upon the ballot, preceded by the words : " Shall 
the following proposition be adopted ? " Two spaces shall be 
left on the right hand margin, one for the votes favoring the 
measure, to be designated by the word " yes," and one for the 



Yes. 




No. 





18 GENERAL ELECTION LAWS. 

votes opposing the measure, to be designated by the word " no " 
as in the form herein given: 

Shall the following be adopted? (Here insert 
the designated title to proposed public measure.) 

The elector shall designate his vote by a cross-mark, thus X . 

[Id., § 16.] 

Who to have charge of printing, etc. Sec. 38. For all 
general elections to which this act applies, the county clerks in 
their respective counties shall have charge of the printing of 
the ballots, and the county commissioners shall have the letting 
of the contracts therefor. The price paid for such ballots shall 
not exceed ten dollars per thousand, or fraction thereof, in 
even-numbered years, if there be not more than four tickets 
upon such ballots, nor more than one dollar and fifty cents per 
thousand or fraction thereof, for each additional ticket upon 
such ballot ; nor shall the price exceed ^nq dollars per thousand, 
or fraction thereof, in odd-numbered years, if there be not 
more than four tickets upon such ballot, nor more than one 
dollar per additional thousand, or fraction thereof, for each 
ticket in excess of said four tickets upon said ballots : Provided, 
That in counties where less than one thousand tickets are to be 
printed, double these prices per thousand may be paid. For 
all city elections, the city clerk shall have charge of the print- 
ing of the ballots, and the letting of the contract therefor; but 
in no case shall the price paid for such tickets exceed the maxi- 
mum price fixed herein for county tickets in the odd-numbered 
years. Ballots shall be printed and put in the possession of 
the officer charged with their distribution at least Hve days be- 
fore the election, accompanied by a sufficient number, not to 
exceed fifty for each precinct, of exact copies of said ballots, 
printed on paper of any other color than white, for the inspec- 
tion of candidates and their agents, and for distribution through 
each of the party organizations. If any mistakes be discovered, 
they shall be corrected without delay. [Id., part of § 15.] 

Voting places; arrangement of booths. Sec. 39. It 
shall be the duty of the township trustees, and of the mayors 
and clerks of incorporated cities, to provide suitable places in 
which to hold all elections provided for in this act, and to see 
that the same are warmed, lighted, and furnished with proper 
supplies and conveniences, including a sufficient number of 
booths, shelves, and soft black lead pencils, to enable the voter to 



FACILITIES FOR VOTING. 19 

prepare his ballot for voting, and in which voters may prepare 
their ballots screened from all observation as to the manner in 
which they do so. A guard rail shall be so constructed and 
placed that only such persons as are inside such rail can ap- 
proach within six feet of the ballot box and of such voting 
booths. The arrangements shall be such that the voting booths 
can be reached only by passing within such guard rail. They 
shall be in plain view of the election officers, and both they and 
the ballot boxes shall be in plain view of those outside of the 
guard rail. Each of said booths shall have three sides inclosed, 
one side in front, to open and shut by a door swinging outward 
or to be inclosed with a curtain. Each side of each booth shall 
be seven feet high, and the door or curtain shall extend to 
within two feet of the floor, and said door or curtain shall be 
closed while the voter is preparing his ballot, and each of said 
booths shall be well lighted. Each booth shall be at least three 
feet square and shall contain a shelf at least one foot wide, at 
a convenient height for writing. No person other than election 
officers and challengers allowed by law, and those admitted for 
the purpose of voting as hereinafter provided, shall be per- 
mitted within the guard rail, except by the authority of the 
election officers, to keep order and to enforce the law. The 
number of such voting booths shall not be less than one to every 
sixty voters or fraction thereof, who voted at the last preceding 
general election within such precinct. The expense of provid- 
ing booths and guard rails and other things required by this 
act shall be paid in the same manner as other election expenses. 
Said booths shall be constructed of any material that will form 
a screen from public view and render the voter free from obser- 
vation while marking his ballot ; and said booths shall be depos- 
ited with the township trustee or city clerk to be preserved for 
future use. In all cases where it is not otherwise practicable, 
in precincts outside of cities, elections may be held in public 
school buildings, and all damages to the buildings or furniture 
shall be a just claim against the township. [Id., § 20.] 

Ballot box. Sec. 40. The trustees of each township shall 
cause to be provided, at the expense of the township, a ballot 
box for each election district within his township which may be 
destitute of the same, and preserve it for the use of elections, 
and carry said ballot box, with a copy of the laws containing 
this act, to the place or places of holding elections in his town- 
ship, as often as it may be necessary to meet and vote for officers 
under this act. [Gen. Stat. 1889, 12659.] 



20 GENERAL ELECTION LAWS. 

Sec. 41. It shall be the duty of the judges of election, or one 
of them, immediately before proclamation is made of the open- 
ing of the polls, to open the ballot boxes in the presence of the 
people there assembled, and turn them upside down, so as to 
empty them of everything that may be in them, and then lock 
them securely, and they shall not be reopened until for the pur- 
pose of counting the ballots therein, at the close of the election. 
[Gen. Stat. 1889, \ 2676.] 

The opening of the ballot box before and after the adjournment for dinner 
was also an irregularity. (Morris v. Vanlaningham, 11 K. 279.) 

When the judges and clerks of an election so place the ballot box that a 
voter cannot see or determine that the identical ballot he gave to the officer is 
deposited in the ballot box ; and when the member of an election board whose 
duty it is to receive the ballot from a voter so conceals the box from a voter by 
a movement of his body that the voter cannot see or determine that the identi- 
cal ticket he gave the officer was deposited in the box ; and when the member of 
an election board whose duty it is to receive the ballot from a voter stands in 
front of the box, and conceals it from the view of the voter, and is requested by 
the voter to stand aside so that he can see that his ballot is deposited in the box, 
and the officer refuses to do so, all such acts are evidence of a dishonest pur- 
pose. (The State v. Malo, 42 K. 54.) 

Supply of ballots. Sec. 42. The officers so charged with 
the printing of said ballots shall cause to be delivered to either 
of the judges of election not less than twelve hours before the 
time fixed by law for the opening of the polls therein, seventy- 
five ballots of the kind to be voted in such precinct for every 
fifty votes, or fraction thereof, cast therein at the last preceding 
general election for state officers in townships and township 
j)recmcts, and seventy-five ballots for each fifty names on the 
registration books in wards of cities of the first and second 
classes. Such ballots shall be put in separate sealed packages 
of fifty ballots each, with marks on the outside clearly designat- 
ing the polling place for which they are intended, and the 
number of ballots inclosed; and receipt therefor shall be given 
by the judge or judges of election to whom they are delivered, 
which receipt shall be preserved by the officer charged with the 
printing of the ballots. The officer or authorities charged with 
the printing and distributing of the ballots, shall provide and 
retain at his or their office an additional supply of ballots in 
excess of those distributed to the several voting precincts, equal 
to the number so distributed, and if, at any time on or before 
the day of election, the ballots furnished to any of the precincts 
shall be lost, destroyed or exhausted, before the polls are closed, 
on written application signed by a majority of the judges of 
such precinct or signed and sworn to by one of such judges, the 
county clerk shall immediately cause to be delivered to one of 
such judges, at such polling place, such additional supply of 



FACILITIES FOR VOTING. 21 

ballots as may be required and sufficient to comply with the 
provisions of this act. [Australian Ballot Law of 1897, part of 
§15.] 

Spoiled and unused ballots to be returned. Sec. 43. 
All. ballots not used, and all that have been spoiled by the 
voter while attempting to vote, shall be returned by the 
judges of election to the officer or authority charged with the 
printing and distribution of the ballots and a receipt taken 
therefor, and such ballots shall be preserved for one year. 
Such officer shall keep a record of the number of ballots deliv- 
ered for each polling place, the name of the person to whom, 
and the iime when delivered, and shall enter upon such record 
the number and character of the ballots returned, with the 
time when, and the person by whom, they are returned. [Id., 
part of § 25.] 

Cards of instruction. Sec. 44. The officer or officers 
whose duty it is to have the ballots printed, shall prepare full 
instructions for the guidance of voters at such election, after 
obtaining ballots, as to the manner of marking them and the 
method of gaining assistance, and as to obtaining new ballots in 
place of those accidentally spoiled; and they shall cause the 
same, together with copies of sections 22, 23, 24, 25, 26, 27, 
28, 29,* of this act, to be printed in large clear type, on cards, to 
be called cards of instruction; and such officer or officers shall 
furnish to the judges of election a sufficient number of such 
cards of instruction to enable the judges of election to comply 
with the provisions of this act. [Id., § 17.] 

Sec. 45. The judges of election shall cause not less than one 
of such cards to be posted in each voting booth or apartment 
provided for the preparation of ballots, and not less than four of 
such cards to be posted in and about each polling place upon the 
day of election. [Id., § 18.] 

Penalty for destruction, etc. Sec. 46. Any person who 
shall, prior to any election, willfully destroy or deface any list 
of candidates posted in accordance with the provisions of this 
act, and who, during an election, shall willfully deface, tear 
down, remove or destroy any card of instruction, or specimen 
ballot, printed and posted for the instruction of voters, or who 
shall, during the election, willfully remove or destroy any of 
the supplies or conveniences furnished to enable voters to pre- 
pare their ballots, or shall willfully hinder the voting of others, 

* Sections 62, 63, 58, 43, 77, 80, 84, 51, 71, 46 and 21 of this compilation. 



22 GENERAL ELECTION LAWS. 

shall, upon conviction, be punished by a fine of not less than 
ten dollars, nor more than one hundred dollars, or by impris- 
onment in the county jail for not less than ten days, nor more 
than thirty days, or by both such fine and imprisonment. 
[Id., § 28.] , 

Election boards. Sec. 47. Election boards shall be com- 
posed of three judges and two clerks. The judges of election 
of their respective precincts shall have charge of the ballots and 
furnish them to the voters as herein set forth. No more than 
two judges and not more than one clerk shall belong to the same 
political party or organization: Provided always, There be one 
or more electors qualified and willing to act as such judge or 
clerk, and belonging to and members of opposite political par- 
ties. It shall be the duty of the mayor of each city, by and 
with the consent of the council thereof, at least ten days before 
the day'of election, to designate and appoint five persons in 
each of the voting precincts of such city, who shall be qualified 
electors thereof, three of whom shall be appointed and act as 
judges and two as clerks of said election. Said mayor shall 
cause said judges and clerks to be notified in writing of their 
appointment and they shall each appear before the clerk of such 
city, at least one day before the day of election, and take and 
subscribe an oath to faithfully and honestly perform their duties 
as such judges and clerks. And it shall be the duty of the town- 
ship trustees of every township, at least ten days before the day 
of election, to proceed in like manner to appoint and notify five 
persons for each voting precinct in his township, three to be 
appointed and act as judges, and two as clerks of said election, 
and all to be duly qualified electors of the precinct for which 
appointed. One of said judges and one of said clerks to be 
appointed by said mayor and trustee as aforesaid, shall be 
taken from the political party that polled the largest number 
of votes at the last preceding general election in said precinct, 
and one of said judges and one of said clerks from the political 
party that polled the next largest number of votes at the last 
general election aforesaid, and the remaining judge from the 
political party that polled the next largest number of votes at 
the last general election aforesaid; and such judges and clerks 
shall be appointed by said mayor, or trustee, as aforesaid, upon 
the recommendation of the chairmen of the central committees 
of said political parties, provided such there be. And if any of 
said judges or clerks shall fail or refuse to appear and serve at 
the proper time and place, or from any cause are, or become 



FACILITIES FOR VOTING. 23 

disqualified, then the electors present shall select from their 
number, viva voce, such persons from the political parties as 
herein designated to fill such vacancies.* Said judges shall 
designate one of their number whose duty it shall be to have 
charge of the ballots and to furnish them to the voters in the 
manner herein provided. All judges and clerks to be appointed 
by the township trustees as hereinbefore provided shall, at least 
one day before election, appear before such township trustee 
and shall take and subscribe to an oath to faithfully and hon- 
estly discharge their duties as such judges or clerks, and said 
township trustee is hereby authorized to administer oaths for 
such purposes: Provided, In cities having a commissioner of 
elections, such commissioner shall in all cases select the judges 
and clerks of election from different political parties, in like 
manner as herein provided for the mayor and council of other 
cities, upon the recommendation of the chairmen of the central 
committees of the several political parties, and such judges and 
clerks shall be notified and qualify, and vacancies shall be filled 
as provided for hereinbefore. [Id., § 19.] 

Penalty for receiving illegal vote. Sec. 48. If any 
judge of the election shall knowingly receive or sanction the 
reception of a vote from any person not having all the qualifica- 
tions of an elector, prescribed by this act, or receive or sanction 
the reception of a ballot from any person who shall refuse to 
answer any question which shall be put to him in accordance 
with the provisions of this act, or shall refuse or sanction the 
refusal by any other judge of the board to which he shall belong, 
to administer either of the oaths or affirmations prescribed by 
the third [second] article of this act, he shall, upon conviction 
thereof, be subject to the same punishment as is prescribed in 
section seventy-six [sixty-five]. [Gen. Stat. 1889, T[ 2727.] 

Fees of clerks and judges. Sec. 49. Clerks and judges 
of election shall receive the following fees and no more: (1) At 
elections where state, county and township officers are voted for, 
the sum of two dollars for the first two hundred and fifty votes 
or less, and an additional sum equal to one dollar for each ad- 
ditional one hundred votes or major fraction thereof. (2) In 
all city elections, where only city, county and township officers 
are voted for, the sum of two and fifty-hundredths dollars for 

*In strict law, no set of "bystanders," or set of "electors present" at the 
voting-place on the day of election, has any right to eleet the judges of the elec- 
tion until the hour of eight o'clock in the morning of such day has arrived. 
(Kirkpatrick v. Vickers, 24 K. 318.) 



04 GENERAL ELECTION LAWS. 

each three hundred and fifty votes or less, and the additional 
sum of fifty cents for each one hundred votes or major fraction 
thereof. [Australian Ballot Law of 1897, § 32.] 

Free from arrest. Sec. 50. All judges, clerks and voters 
shall he free from arrest, except for felony and breach of the 
peace, in going to, attending on, and returning from, elections. 
[Gen. Stat. 1889,1 2723.] 

Electioneering prohibited. Sec. 51. No person what- 
ever shall do any electioneering or, soliciting of votes on election 
day within any polling place or within one hundred feet of such 
polling place. ~No person shall interrupt, hinder or oppose any 
voter while approaching the polling place for the purpose of 
voting. Whoever shall violate the provisions of this section 
shall, upon conviction, be punished by a fine of not less than 
twenty-five dollars nor more than one hundred dollars, or by 
imprisonment in the county jail not less than ten days nor more 
than thirty days, or by both such fine and imprisonment, for 
each and every offense. It shall be the duty of the judges of 
election to enforce the provisions of this section. [Australian 
Ballot Law of 1897, § 26.] 

Officer failing to perform his duty liable. Sec. 52. 
Any public officer upon whom a duty is imposed by this act, who 
shall willfully neglect to perform such duties, or who shall will- 
fully perform it in such a way as to hinder the object of this act,, 
or who shall disclose to any one except as may be ordered by 
any court of justice, the contents of any ballot as to the manner 
in which the same may have been voted shall, upon conviction, 
be punished by a fine of not less that [than] fifty dollars, nor 
more than one thousand dollars, or by imprisonment in the 
penitentiary for not less than one year, nor more than five years,, 
or by both such fine and imprisonment. [Id., § 30.] 



• CHAPTER IV. 
CONDUCTING ELECTION. 



VOTERS. 

Qualifications of elector. Sec. 53. Every white* male 
person, of twenty-one years and upward, belonging to either of 
the following classes — who shall have resided in Kansas six 
months next preceding any election, and in the township or 
ward in which he offers to vote, at least thirty days next preced- 
ing such election — shall he deemed a qualified elector : f 

First. Citizens of the United States. 

Second. Persons of foreign birth who shall have declared 
their intention to become citizens, conformably to the laws of 
the United States on the subject of naturalization. [Const., 
art. 5, § 1.] 

4 K. 549 ; 7 K. 62 ; 15 K. 26, 30. 

Who not qualified. Sec. 54. !N"o person under guardian- 
ship, non compos mentis,, or insane; no person convicted of 
felony, unless restored to civil rights ; no person who has been 
dishonorable discharged from the service of the United States, 
unless reinstated; no person guilty of defrauding the govern- 
ment of the United States, or any of the states thereof; no 
person guilty of giving or receiving a bribe, or offering to give 
or receive a bribe ; and no person who has ever voluntarily borne 
arms against the government of the United States, or in any 
manner voluntarily aided or abetted in the attempted overthrow 
of said government, except all persons who have been honorably 
discharged from the military service of the United States since 
the first day of April, 1861, provided that they have served one 
year or more therein, shall be qualified to vote or hold office in 
this state until such disability shall be removed by a law passed 

*The word "white" was repealed by the fifteenth amendment to the federal 
constitution. 

fAn elector must vote in the township or ward in which he has resided, at 
least thirty days next preceding the election at which he offers to vote. If he 
attempts to vote out of the township or ward of his residence, his ballot should 
be rejected. If he does so vote, it is an illegal one. (State ex rel. v. Stock, 38 
K. 154.) 

(25) 



26 GENERAL ELECTION LAWS. 

by a vote of two-thirds of all the members of both branches of 
the legislature. [Id., § 2.] 

16 K. 606; 26 K. 55. 

Citizens in the military service and absent.] Sec. 55. 
For the purpose of voting, no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence 
while employed in the service of the United States, nor while 
engaged in the navigation of the waters of this state, or of the 
United States, or of the high seas, nor while a student of any 
seminary of learning, nor while kept at any almshouse or other 
asylum at public expense, nor while confined in any public 
prison; and the legislature may make provision for taking the 
votes of electors who may be absent from their townships or 
wards, in the volunteer military service of the United States, 
or the militia service of this state ; but nothing herein contained 
shall be deemed to allow any soldier, seaman or marine in the 
regular army or navy of the United States the right to vote. 
[Id, § 3.] 

4 K. 549. 

Proof of right. Sec. 56. The legislature shall pass such 
laws as may be necessary for ascertaining, by proper proofs, 
the citizens who shall be entitled to the right of suffrage hereby 
established. [Id., § 4.] 

15 K. 529; 31 K. 550. 

Rules determining residence of voter. * Sec. 57. The 

judges of election, in determining the residence of a person 
offering to vote, shall be governed by the following rules, so 
far as they may be applicable : 

First, That place shall be considered and held to be the 
residence of a person in which his habitation is fixed, and to 
which, whenever he is absent, he has the intention of returning. 

*The object and effect of the fifteenth amendment to the federal constitution 
were to place the colored man in the matter of suffrage on the same basis with 
the white. It had no other effect. The colored man, to become a voter, as well 
as the white man, must be twenty-one years of age, six months a resident of the 
state, and thirty days a resident of the township or ward. (Anthony v. Haider- 
man, 7 K. 50.) 

A man who filed a homestead claim on land in Oklahoma Territory, and made 
a settlement and improvements thereon, in and after the month of June, 1889, 
and intended to make said claim his home, and who returned to his former 
residence in Comanche county, in this state, for a temporary purpose, intending 
to go back to his claim in Oklahoma, was not a legal voter at an election held 
in Comanche county on the 5th day of November, 1889. (State v. Deniston, 46 
K. 359.) 

Persons who filed homestead claims on land in Oklahoma Territory, and made 
settlement and improvements thereon, during and after the month of June, 



CONDUCTING ELECTION. 27 

Second, A person shall not be considered or held to have 
lost his residence who shall leave his home and go into another 
state or territory, or county of this state, for temporary purposes 
merely, with an intention of returning. 

Third, A person shall not be considered or held to have 
gained a residence in any county of this state, into which he 
shall have come for temporary purposes merely, without the 
intention of making said county his home, but with the inten- 
tion of leaving the same when he shall have accomplished the 
business that brought him into it. 

Fourth, If a person remove to any other state, or to any of 
the territories, with the intention of making it his permanent 
residence, he shall be considered and held to have lost his resi- 
dence in this state. 

Fifth, The place where a married man's family resides shall 
be considered and held to be his residence. 

Sixth, If a person shall go into another state or territory, 
and while there exercises the right of suffrage, he shall be con- 
sidered and held to have lost his residence in this state. [Gen. 
Stat. 1899, 12668.] 

Employes entitled to two hours to vote. Sec. 58. 
Any person entitled to vote at a general election in this state, 
shall, on the day of such election, be entitled to absent himself 
from any service or employment in which he is then engaged 
or employed for a period of two hours, between the time of open- 
ing and closing the polls, and such voter shall not, because of 
so absenting himself, be liable to any penalty, nor shall deduc- 
tion be made on account of such absence, from his usual salary 
or wages: Provided, however, That application for such leave 
of absence shall be made prior to the day of election. The 
employer may specify the hours during which said employe 
may absent himself as aforesaid. Any person or corporation 
who shall refuse to an employe the privilege hereby conferred, 

1889, and who intended to make said homestead claims their homes, and who 
returned to their former residences in Comanche county, in this state, for a 
temporary purpose, and agreed to stay and vote at an approaching election if 
paid for their time, and who voted at said election, and left Comanche county 
the next day, and have ever since resided in Oklahoma, were not legal voters 
at an election held in Comanche county on the 5th day of November, 1889. (Id.) 
Cattle-men employed on a ranch situated in the Indian Territory, south of 
the state, working by the month, and who had resided out of the state for more 
than thirty-five days prior to the election, and who intended to work on such 
ranch as long as they were employed, aud who had no families residing in Kan- 
sas, were not legal voters at an election held in Comanche county, in this state, 
on the 5th day of November, 1899. (Id.) 



2g GENERAL ELECTION LAWS, 

or shall subject an employe to a penalty or Reduction of wages 
because of the exercise of such privileges, or who shall, in any 
manner, attempt to influence or control such voter as to how he 
shall vote, by offering any reward, or by threatening his dis- 
charge from employment, or otherwise intimidating him from a 
full and free exercise of his right to vote, or shall, directly or 
indirectly, violate the provisions of this section, shall be 
deemed guilty of a misdemeanor and be fined in any sum not 
less than fifty dollars or more than one hundred dollars. [Aus- 
tralian Ballot Law of 1897, § 24.] 

Electors privileged. Sec. 59. Electors, during their 
attendance at elections, and in going to and returning there- 
from, shall be privileged from arrest in all cases except treason,, 
felony, or breach of the peace. [Const,, art. 5, § 7.] 

Falsely personating. Sec. 60. Any person who shall 
falsely personate any voter, and vote under the name of such 
voter, shall, upon conviction, be punished by confinement and 
hard labor not exceeding three years. [Gen. Stat.. 1899,. 
T2728.] 

VOTING. 

Manner of voting. Sec. 61. Any person desiring to vote 
in precincts where registration is required, shall give his name 
and, if required to do so, his residence to the judges of election, 
one of whom shall thereupon announce the same in a loud and 
distinct tone of voice, and if such name is found on the regis- 
ter of voters, by the officer having charge thereof, he shall like- 
wise repeat said name and the voter shall be allowed to enter 
the space inclosed by the guard-rail as above provided. The 
clerk shall thereupon place his name and number upon the poll 
list, and one of the judges, designated by the election board, 
shall give the voter one and only one ballot, on the upper right 
hand corner of which, he shall have inscribed, with pen and 
ink, the number corresponding to the voter's number upon the 
poll list, and the voter's name shall be immediately checked on 
the registry list. At all elections where registration is required, 
if the name of any person desiring to vote at such election is 
not found on the register of voters, he shall not receive a ballot 
until he shall have complied with the law prescribing the man- 
ner and conditions of voting by unregistered voters. If any 
person desiring to vote at any election shall be challenged, he 
shall not receive a ballot until he shall have established his 
right to vote in the manner provided by law. Besides the 



CONDUCTING ELECTION. 29 

election officers, not more than one voter in excess of the whole 
number of voting booths provided shall be allowed in said in- 
closed space at one time. This section shall apply to and govern, 
where applicable, all persons desiring to vote in precincts where 
registration is not required, and in all such precinct the voter's 
number on the poll list shall be marked upon his ballot before 
he marks it, and clipped therefrom before it is deposited in the 
ballot box. [Australian Ballot Law of 1897, § 21.] 

Ballot, how prepared, etc. Sec. 62. On receipt of his 
ballot, the voter shall forthwith, and without leaving the inclosed 
place, retire, alone, to one of the voting booths so provided, and 
shall prepare his ballot by making, in the appropriate margin or 
place, with a black lead pencil, a cross X to the right of the 
name of the candidate of his choice for each office to be filled, 
or by writing in the name of the candidate .of his choice in a 
blank space in the blank column on said ticket, making a cross 
X to the right hereof; and, in case of a public measure sub- 
mitted to a vote of the people, by making, in the appropriate 
margin or place, a X to the right of the answer he desires 
to give. The voter shall not use ink nor a pencil of any other 
color than black in so marking his ballot.* Before leaving the 
voting booth, the voter shall fold his ballot in such a manner 
as to conceal the names of the candidates and the marks upon 
the ballot, and so that the printed indorsement and initials of 
the judge thereon may be seen by the election board. The 
number of the voter on the poll books or registration list shall 
not remain indorsed on the back of the ballot unless the vote 
shall have been challenged and the voter sworn the second time 
as now provided by law. He shall mark and deposit his ballot 
without undue delay and shall quit said inclosed space as soon 
as he has voted, and the judge who receives the ballot, before 
depositing it in the ballot box, shall clip therefrom, with a pair 
of scissors, the corner containing the number inscribed thereon, 
unless the said vote has been challenged. Xo voter shall be 
allowed to occupy a voting booth already occupied by another, 
nor to remain within said inclosed space more than ten minutes, 
nor occupy a booth more than five minutes in case all of said 
voting booths are in use and other voters are waiting to occupy 

* Ballots not marked with a cross (X )* substantially in or upon the desig- 
nated square or place, should not be counted. (Taylor v. Bleakley, 55 K. 1.) 

The provisions of the Australian ballot law, concerning the marking and 
counting of ballots, are mandatory, and must be substantially complied with by 
the voter in order to have his vote counted. (Richardson v. Jamison, 55 K. 16.) 




30 GENERAL ELECTION LA WS. 

the same. J^o voter, who is not an election officer, shall, after 
having voted, be allowed to enter said inclosed space at any 
time during said election. ]STo person shall take or remove any 
ballot from the polling place before the close of the polls. No 
voter shall vote or offer to vote any ballot except such as he has 
received from the judge of election in charge of the ballots. 
Any voter who may, by accident or mistake, spoil his ballot, 
shall, on returning said ballot to the election judges, receive 
another in the place thereof. Any voter who, after receiving 
an official ballot, decides not to vote, shall, before returning from 
within the guard rail, surrender to the election officers, the 
official ballot which has been given him; and a refusal to sur- 
render such ballot shall subject the person so offending to imme- 
diate arrest and the penalties affixed in section twenty-seven of 
this act. [Id., § 22.] 

Judges to assist voters, when. Sec. 63. Any voter who 
may declare, upon oath, that he cannot read the English lan- 
guage, or that, by reason of any physical disability, he is unable 
to mark his ballot, shall, upon request, be assisted in marking 
his ballot by two of the election officers of different political 
parties, to be selected from the judges and clerks of the pre- 
cinct in which they are to act, to be designated by the judges 
of election of each precinct at the opening of the polls. Such 
officer shall mark the ballot as directed by the voter and shall 
thereafter give no information regarding the same. The clerks 
of elections shall enter upon poll lists, after the name of any 
elector who received such assistance in marking his ballot, a 
memorandum of the fact. Intoxication shall not be regarded 
as a physical disability, and no intoxicated person shall be en- 
titled to assistance in making his ballot. [Id., § 23.] 

When vote is challenged, judge shall proceed how. 
Sec. 64. If a person offering to vote is challenged as un- 
qualified by one of the judges of election, or by any elector, 
one of the judges shall tender to him the following oath or 
affirmation: " You do solemnly swear (or affirm) that you will 
fully and truly answer all such questions as shall be put to you, 
touching your place of residence and qualification of an elector 
at this election." 

First. If the person be challenged as unqualified on the 
ground that he is not a citizen, the judges, or one of them, shall 
put the following questions : 1. Are you a citizen of the United 
States? 2. Are you a native or a naturalized citizen, and if 
neither, have you declared your intention to become a citizen, 




CONDUCTING ELECTION. 31 

conformably to the laws of the United States on the subject of 
naturalization? 3. Have you become a citizen of the United 
States by reason of the naturalization of your parents, or one of 
them ? 4. Where were your parents, or one of them, natural- 
ized ? If the person offering to vote claims to be a naturalized 
citizen of the United States, or that he has declared his inten- 
tion to become such, he shall state under oath, where and in 
what court he was naturalized. 

Second. If the person be challenged as unqualified on the 
ground that he has not resided in this state for six months im- 
mediately preceding the election, the judges, or one of them, 
shall put the following questions: 1. Have you resided in 
this state for six months preceding this election? 2. Have 
you been absent from this state within the six months immedi- 
ately preceding this election ? 3. If so, when you left, was it 
for a temporary purpose, with a design of returning, or did 
you intend remaining away? 4. Did you, while absent, look 
upon and regard this state as your home ? 5. Did you, while 
absent, vote in any other state or territory ? 

Third. If the person is challenged on the ground that he is 
not a resident of the township or ward where he offers to vote, 
the judges, or one of them, shall put the following questions: 
1. When did you come into this township or ward ? 2. When 
you came into this township or ward, did you come for a tem- 
porary purpose merely, or for the purpose of making it your 
home? 3. Have you been, for the last thirty days, an actual 
resident of this township or ward ? 

Fourth. If the person be challenged as unqualified on the 
ground that he is not twenty-one years of age, the judges, or one 
of them, shall put the following question: Are you twenty- 
one years of age, to the best of your knowledge and belief? 
The judges of election, or one of them, shall put all such other 
questions to the person challenged under the respective heads 
aforesaid, as may be necessary to test his qualifications as an 
elector at that election. [Gen. Stat. 1889, f 2669.] 

Reject vote, when. Sec. 65. If the person challenged, as 
aforesaid, shall refuse to answer fully any question which shall 
be put to him as aforesaid, the judges shall reject his vote. 
[Id., 1 2670.] 

Further duty of judge. Sec. 6Q. If the challenge be not 
withdrawn, after the person offering to vote shall have answered 
the questions put to him as aforesaid, one of the judges of elec- 
tion shall tender to him the following oath : " You do solemnly 



32 GENERAL ELECTION LAWS. 

swear (or affirm) that you are a citizen of the United States (or 
declared your intention to become such), of the age of twenty- 
one years ; that you have been an inhabitant of this state for six 
months next preceding this election ; that you have been, for the 
last thirty days, and now are, an actual resident of this township 
(or ward) ; and that you have not voted at this election." 
[Id., 12671.] 

Vote to be rejected. Sec. 67. If any person shall refuse 
to take the oath or affirmation so tendered, his vote shall be 
rejected : Provided, That after such vote shall have been taken, 
the judges may, nevertheless, refuse to permit such person to 
vote, if they shall be satisfied, from record evidence, or other 
legal testimony, adduced before them, that he is not a legal 
voter ; and they are hereby authorized to administer the neces- 
sary oaths or affirmations to all witnesses brought before them 
to testify to the qualifications of a person offering to vote. 
[Id., 12672.] 

Not entitled to privileges of elector. Sec. 68. No 
person shall be entitled to the privileges of an elector of the 
state of Kansas who shall refuse to take an oath to support and 
defend the constitution and government of the United States 
and the constitution and government of this state. [Id., 1 2673.] 

Duty of clerks. Sec. 69. Whenever any person's vote 
shall be received, after having taken the oath prescribed in the 
twenty-first [twelfth] section of this act, or the oath of alle- 
giance, it shall be the duty of the clerks of the election to write 
on the poll book, at the end of such person's name, the word 
"" Sworn." [Id., 12674.] 

Judge shall challenge. Sec. 70. It shall be the duty of 
each judge of election to challenge any person offering to vote, 
whom he shall know or suspect not to be qualified as an elector. 
[Id., 12675.] 

Penalties for certain offenses. Sec. 71. Any person 
who shall, except as herein otherwise provided, mark or fold 
his ballot so that it can be distinguished, or allow his ballot to 
be seen by any person with an apparent intention of letting it 
be known how he is about to vote, or who shall make a false 
statement as to his inability to mark his ballot, or who shall 
interfere or attempt to interfere with any voter when inside said 
inclosed space, or when marking his ballot, or who shall en- 
deavor to induce any voter before voting, to show how he marks 
or has marked his ballot, or who shall place upon or induce any 



CONDUCTING ELECTION. 33 

person to place upon his or any ballot, any character or mark 
for the purpose of identifying said ballot, or any judge who, in 
clipping the poll-list number from any ballot, or in affixing his 
initials to any ballot shall use any mark or means whereby any 
ballot may be identified, shall, upon conviction, be punished by 
a fine of not less than twenty-five dollars, nor more than one 
hundred dollars, or by imprisonment in the county jail not less 
than ten days nor more than thirty days, or by both such fine 
and imprisonment ; and it shall be the duty of election judges 
to enforce the provisions of this section. [Australian Ballot Law 
of 1897, § 27.] 

COUNTING VOTES. 

Candidates in room. Sec. 72. The judges of election 
shall, if requested, permit the respective candidates, or one or 
more, not exceeding three, of their friends, to be present in the 
room where the judges are during the time of receiving and 
counting the votes. [Id., \ 2677.] 

Poll books to be signed. Sec. 73. At the close of the 
polls, the poll books shall be signed by the judges, and attested 
by the clerks, and the names therein contained shall be counted, 
and the number set down at the foot of the poll books, in the 
manner hereinafter provided in the form of the poll books. 
[Id., \ 2678.] 

Boxes opened and votes counted. Sec. 74. After the 
poll books are signed in the manner hereinafter prescribed in 
the form of the poll books, the ballot boxes shall be opened, 
and the tickets taken out, one at a time, by one of the judges, 
who shall read distinctly, while the ticket remains in his hand, 
the name or names written or printed thereon; also the office 
that is intended to be filled by such person voted for; then 
deliver it to the second judge, who shall examine the same, who 
shall pass it to the third judge, who shall string it on a strong 
thread* and carefully preserve the same ; and the same method 
shall be observed in respect to each of the tickets in the ballot 
box, until the number of tickets taken out of the ballot box is 
equal to the number of names upon the poll books. [Id., f 2679.] 

Certain ballots not to be counted. Sec. 75. That all bal- 
lots or votes cast at any election for any person holding the 
office of judge of the district court, or of justice of the supreme 

* These italicized words are repealed by Australian Ballot Law provision, 
§25 and § 83 of this compilation. 
—3 



34 GENERAL ELECTION LAWS. 

court, except for a judicial office, shall be deemed and held to 
be void, and shall not be counted by the judges and clerks at 
any election, nor by any canvassing board, nor shall any record 
of the same be made by any canvassing board, nor any certificate 
of election issued thereon. [Id., \ 2783.] 

Sec. 76. Any person violating the provisions of this act shall 
be deemed and held to be guilty of a misdemeanor, and on con- 
viction thereof shall be imprisoned in the county jail not less 
than three nor more than six months. [Id., \ 2784.] 

Irregular ballot, etc. Sec. 77. If the voter marks more 
names than there are persons to be elected to an office, or fails 
to mark the ballot as required by other sections of this act, or 
uses ink, or a pencil of any other color than black to mark his 
ballot, or if, from any reason, it is impossible to determine the 
voter's choice for an office to be filled, his ballot shall not be 
counted for such office. No ballot, without the official indorse- 
ment, shall be allowed to be deposited in the ballot box, and 
none but ballots provided in accordance with the provisions of 
this act, shall be counted.* [Australian Ballot Law of 1897, 
part of § 25.] 

Votes entered. Sec. 78. The clerks shall enter in a col- 
umn under the names of the persons voted for, as hereinafter 
provided in the form of the poll books, all the votes as declared 
read by the judges. [Gen. Stat. 1889, 1 2680.] 

Result to be ascertained. Sec 79. After the examina- 
tion of the ballots shall be completed, the number of votes for 
each person shall be enumerated under the inspection of the 
judges, and set down as hereinafter provided in the form of 
the poll books. [Id., \ 2683.] 

Result to be proclaimed. Sec 80. When the canvass 
shall have been completed as now provided by law, the clerk 
shall announce to the judges the total number of votes re- 
ceived by each candidate, whether such candidate's name ap- 
pears on one or more tickets on the ballot ; at least one of the 
judges of election shall then proclaim, in a loud voice, the total 
number of votes received by each of the persons voted for, and 
the office for which he is designated as announced by said 
clerk, and the number of votes for, and the number of votes 
against any proposition which shall have been submitted to a 
vote of the people. [Australian Ballot Law of 1897, part of 
§25.] ^^ 

* See notes to § 62. 



CONDUCTING ELECTION. 



35 



Ballots not counted and ballots objected to, how 
marked. Sec. 81. Ballots which are not counted shall be 
marked " defective " on the backs thereof, and ballots to 
which objections have been made by either of the judges or 
challengers shall be marked " objected to " on the backs thereof, 
and a memorandum, signed by the judges, stating how it was 
counted, shall be written upon the back of each ballot so marked ; 
and all ballots marked " defective " or " objected to " shall be 
inclosed in an envelope, securely sealed, and so marked and 
indorsed as to clearly disclose its contents. [Id., part of § 25.] 

Form of poll books. Sec. 82. The following shall be the 

form of the poll books to be kept by the judges and clerks of 

elections held under this act : 

Poll Books of the election held in the township (or ward) of , in the 

county of , on the — day of , in the year A. D. one thousand eight 

hundred and . A. B., C. D. and E. F., judges, and G. H. and J. K., 

clerks of said election, were respectively sworn (or affirmed) as the law di- 
rects, previous to their entering on the duties of their respective offices. 

NUMBER AND NAMES OP ELECTORS. 




It is hereby certified that the number of electors of this election amounts 



to 



Attest : 
G. H., 
J. K, 



Clerks. 



A. B., ) 

C. D., J. Judges. 

E. F., ) 



NAMES OF PERSONS VOTED FOR, AND FOR WHAT OFFICE, CONTAINING THE 
NUMBER OF VOTES GIVEN FOR EACH CANDIDATE. 



Governor. 


Representative 
in congress. 


Representatives in the state legislature. 


Senate. 


House of Representa- 
tives. 











We hereby certify that A. B. had 



votes for governor ; that E. F. had 



Clerks. 



votes for governor and C. D. had 
— votes for representative in con- 
A. B., ) 

C. D., ^Judges. 
E.F., ) 



gress, etc. 
G. H. 
J. K., 

[Gen. Stat. 1889, f 2684.] 

Books sent to county clerk. Sec. 83. After canvassing 
the votes in the manner aforesaid, the judges, before they ad- 
journ, shall put under cover one of the poll books, seal the same, 
and direct it to the county clerk of the county where the return 



30 GENERAL ELECTION LAWS. 

is to be made; and the poll book, thus sealed and directed, to- 
gether with the ballots sealed as hereinbefore required,* shall 
be conveyed by one of the judges, to be determined by lot, if 
they cannot otherwise agree, to the county clerk of the county, 
within two days from the day of the election, and the other poll 
book shall be deposited with the trustee of the township, or clerk 
of the city, as the case may be, within three days of the election, 
there to remain for the use of the persons who may choose to 
inspect the same. [Id., f 2685.] 

Disposition of ballots. Sec. 84. When counting the bal- 
lots, the judge shall fold each ballot, and string closely, upon a 
piece of flexible wire or cord, all ballots which have been counted 
by them, except those marked " defective " or " objected to," 
unite the ends of such wire or cord in a firm knot, seal the knot 
with sealing-wax in such manner that it cannot be untied with- 
out breaking the seal, inclose the ballots so strung, in an envel- 
ope, and securely seal such envelope with sealing-wax, in such 
manner that it cannot be opened without breaking the seal, and 
shall return such ballots, together with the package with the bal- 
lots marked "defective" or "objected to" in such sealed packages 
or envelopes, to the proper clerk from whom the same were re- 
ceived, and such officer shall carefully preserve such ballots for 
one year and six months, and at the expiration of that time, 
shall destroy them, by burning, without previously opening the 
package or envelope. Such ballots shall be destroyed in the 
presence of the official custodian thereof, and of two electors 
of approved integrity and good repute, and members respec- 
tively of the two leading political parties. The said electors 
shall be designated by the board of county commissioners of 
the county in which said ballots are kept: Provided, That if 
any contest of election of any officer voted for at such election 
shall be pending at the expiration of such time, the said ballots 
shall not be destroyed until such contest is finally determined. 
In all cases of contested elections, the parties contesting the 
same shall have the right to have such ballots opened, and to 
have all the errors of the judges in counting or refusing to 
count any ballots, corrected by the court or body trying such 
contest; but such ballots shall be opened only in open court, 
or in an open session of such body, and in the presence of the 
officer having the custody thereof. [Australian Ballot Law of 
1897, part of § 25.] 

*See next section. 



CHAPTER V. 

VOTES OF SOLDIEES AND OF INMATES 
OF SOLDIEES' HOME. 



VOTE OF PERSONS IN MILITARY SERVICE. 

Soldiers may vote, etc. Sec. 85. It shall be lawful for 
qualified electors of Kansas who may, on the occurrence of any 
annual election, be absent from their township or ward, em- 
ployed in the militia or volunteer service of the state or the 
United States, to vote for county, district or state officers, mem- 
bers of the legislature, and for members of congress, and elect- 
ors of president and vice-president of the United States, at the 
places where they may be stationed on the day of such election, 
under regulations hereinafter prescribed. [Gen. Stat. 1889, 
12705.] 

Poll books and tally sheets. Sec. 86. It shall be the 
duty of the secretary of state to prepare poll books and tally 
sheets, to be used at elections held under the foregoing section. 
The poll books shall contain the necessary headings and blanks, 
and be ruled into columns so as to show: First, The number 
of electors in the order in which they present themselves at the 
polls ; second, the name of the elector ; third, the regiment and 
company of which he is a member ; fourth, the precinct, ,county 
and representative district of which he is a resident; and, 
fifth, a column for remarks by judges and clerks of elections. 
The tally sheets shall contain a complete list of the organized 
counties of the state, with the names of the precincts and the 
number of the representative districts in each county, with 
space opposite the name of each precinct to write the names of 
at least two candidates for each office to be filled at the election, 
and on each of said tally sheets the proper printed notes, di- 
recting the manner of using and returning the same. [Id*, 
TT 2Y06.] 

Duplicate copies. Sec. 87. The governor shall employ 
some suitable person, whose duty it shall be to deliver to the 
commandants of Kansas regiments, or to the commandants of 

(37) 



3 S GENERAL ELECTION LA WS. 

battalions, companies or squads, necessarily separated from 
the regiments to which they properly belong, at least ten days 
prior to each general election aforesaid, duplicate copies of the 
poll books and tally sheets herein provided for, and to distribute 
among the officers and men printed copies of this act : Provided, 
That in cases where regiments or subdivisions of regiments are 
located outside of the state, the governor shall transmit such 
poll books, tally sheets and printed matter by mail or express, 
or such other means as will be most economical to the state, 
and at the same time afford reasonable certainty that the per- 
sons for whom they are intended will receive the same. [Id., 
12707.] 

Elections by regiments. Sec. 88. All elections held under 
the provisions of this act shall, as nearly as possible, be by 
regiments; but where portions of two or more regiments are 
stationed at the same place, they shall vote at the same polls. 
[Id., 1f 2708.] 

Place of holding election. Sec. 89. The commandant 
of the regiment, or the officer in command of the battalion, 
company or squad, whose vote is to be taken, shall, on the 
morning of the election day, appoint some convenient and suit- 
able place for holding the election. At the time and place of 
opening the polls, the electors shall elect, by viva, voce vote, 
three judges and two clerks of election, who shall, before re- 
ceiving any votes, severally take and subscribe the oath herein- 
before provided to be taken by judges and clerks of election, 
which oath may be administered by any commissioned officer 
of such regiment, battalion or company, who shall attach his 
certificate thereto. [Id., 1 2709.] 

Provisions of article 2. Sec. 90. The provisions of arti- 
cle 3 [2] of this chapter, relative to the opening of polls, the 
manner of keping the ballot box and testing the qualifications 
of electors, so far as the same are applicable, shall be applied to 
the taking of the votes of soldiers absent from their precincts. 
[Id., 12710.] 

Ballot; duty of judges and clerks. Sec. 91. Each 
elector shall, in full view, deliver to one of the judges of the 
election a single ballot or piece of paper, on which shall be 
written or printed, or partly written and partly printed : First, 
The county, township or ward and representative district of 
which he is a resident; and, second, the company and regi- 

* \\ 40 and 56 of this compilation. 



VOTES OF SOLDIERS. 39 

ment of which he is a member — all of which shall be exposed. 
The ballot shall also contain the names of the persons voted 
for as above, with designation of the office which each is in- 
tended to fill, which may be exposed or concealed, at the option 
of the elector, but if concealed, the judges shall not inspect 
it. The judges shall announce, in an audible voice, the name 
of the elector, his residence and his company and regiment, 
as set forth on his ballot, and if no objection be made, and the 
judges are satisfied that he is a qualified elector, as represented 
by his ballot, the clerks shall set down, in the proper columns, 
the number of the vote, the name of the voter, with his com- 
pany and regiment, together with the county, township or ward, 
and number of the representative district of which he claims 
to be an elector, and the judges shall deposit it in the ballot 
box. [Id., f 2711.] 

Provisions of article 2, etc. Sec. 92. The provisions 
of article 3 [2] of this chapter, relative to the authentication 
of the poll books, the opening of the ballot box, the counting of 
the ballots, the preservation of the same, the making up and 
certification of the tally sheets, and all other provisions of 
said article, which are in their nature applicable, shall be com- 
plied with by judges and clerks of election chosen under this 
article. [Id., 1*2712.] 

Poll books and tally sheets. Sec. 93. It shall be the 
duty of judges to attach together, wrap up and seal securely, 
a certified copy of the poll books and tally sheets, and indorse 
thereon, "A certified copy of an election of citizens of Kansas, 

in the military service, held at , on the day of , 

A. D. ," and to direct and forthwith transmit the same, by 

mail, to the secretary of state, at the state capital. The origi- 
nal poll book and tally sheet shall be similarly attached to- 
gether, wrapped up and indorsed, and, with the ballots, shall 
be retained by one of the judges, to be forwarded to the secre- 
tary of state, in the event of the loss of the copy first transmit- 
ted. [Id., 12713.] 

Duty of secretary of state. Sec. 94. It shall be the 
duty of the secretary of state, on receipt of any returns of an 
election held pursuant to this article, to open the same and 
record all votes cast for state officers, members of congress or 
electors of president and vice-president of the United States, to 
the respective candidates for whom they were given, and to file 
the records away in his office; and it shall be his duty, on or 
before the second Monday in December, to transmit to the 



40 GENERAL ELECTION LAWS. 

county clerk of each county, a certified abstract of all the votes 
polled for county officers by citizens of such county in military 
employ, together with the township or ward, or representative 
district, of which they were residents, as appears by the official 
records of his office. [Id., \ 2714.] 

Duty of commissioners. Sec. 95. Whenever there shall 
be qualified electors of the county absent from their voting 
precincts in the military service on the day of any general elec- 
tion, the board of county commissioners shall meet at the office 
of the county clerk, at 10 o'clock a. m., on the third Monday in 
December, next after such election, and shall then proceed to 
open and count the returns of votes given for county officers, 
including the vote certified by the. secretary of state to have 
been polled for such county officers by absent electors in the 
military service, and shall be governed in such canvass by the 
provisions of article 4 [3] of this chapter. [Id., \ 2715.] 

Who qualified. Sec. 96. No one shall be permitted to vote 
under the provisions of this article who was not, at the time of 
his employment in the military service, a qualified elector under 
the laws of Kansas, in the township or ward where he claims to 
have his vote counted. [Id., If 2716.] 

VOTE OF INMATES OF THE STATE SOLDIERS' HOME, 
DODGE CITY.* 

May vote. Sec. 97. It shall be lawful for qualified electors 
of Kansas who may on the occurrence of any annual election 
be absent from their township or ward, by reason of being 
legally admitted inmates of the State Soldiers' Home in Kan- 
sas, to vote for county, township, district and state officers, 
members of the legislature, and for members of congress and 
electors of president and vice-president of the United States, at 
said State Soldiers' Home, on the day of such election, under 
regulations hereinafter prescribed: Provided, That no inmate 
of said State Soldiers' Home who was an elector of the county 
in which said State Soldiers' Home is located at the time of his 
admission to said State Soldiers' Home shall be permitted to 
vote under any of the provisions of this act : Provided, That the 
inmates of State Soldiers' Home shall be exempt from registra- 
tion as required by law in the cities. [Laws 1899, ch. 140, § 1.] 

*The Supreme Court held, in 1897, (Lawrence v. Leidigh, 58 Kan. 594,)' 
that under the constitution inmates of the Soldiers' Home neither gain nor lose 
a residence by becoming inmates, but remain voters at their former homes. 



VOTES OF SOLDIERS. 41 

Duties of secretary of state. Sec. 98. It shall be the 
duty of the secretary of state to prepare poll books and tally 
sheets to be used at elections held under the foregoing section. 
The poll books shall contain the necessary headings and blanks, 
and be ruled into columns so far as to show : First, the number 
of electors, in the order in which they present themselves at the 
polls. Second, The name of the elector. Third, The precinct 
or township, county and representative district of which he was 
a resident at the time of his admission as an inmate of said 
State Soldiers' Home. Fourth, A column for remarks by 
judges and clerks of the election. The tally sheets shall con- 
tain a complete list of the organized counties of the state, with 
the names of the precincts and the number of the representative 
districts in each county, with space opposite the name of each 
precinct to write the names of at least two candidates for each 
office to be filled at the election, and on each of said tally sheets 
the proper printed notes directing the manner of using and re- 
turning the same. [Id., § 2.] 

Sec. 99. At least ten days prior to each annual election 
aforesaid, it shall be the duty of the secretary of state to trans- 
mit the poll books, tally sheets, herein provided for, and the 
usual cards of instructions, by mail or express or such other 
means as will be most economical to the state, to the command- 
ant of said State Soldiers' Home. Such transmittal shall be 
.under seal, secure from observation, and the commandant of 
said State Soldiers 7 Home shall deliver said poll books, tally 
sheets and printed matter to the judges of election as herein- 
after provided. [Id., § 3.] 

Duty of county clerks. Sec. 100. It shall be the duty 
the clerk of the county any of whose qualified electors are in- 
mates c>f said State Soldiers' Home to transmit, under seal, by 
mail or express, to the commandant of said State Soldiers' 
Home, a sufficient number of ballots, allowing at least three bal- 
lots for each qualified elector of such county who may be an 
inmate of said State Soldiers' Home, and it shall be the duty of 
said commandant to deliver said ballots to the judges of said 
election, as hereinafter provided. [Id., § 4.] 

Election officers. Sec. 101. The commandant of said 
Soldiers' Home shall, on the morning of the election day, ap- 
point some convenient and suitable place for holding the elec- 
tion. At the time and place of opening the polls, the electors 
shall elect, by 'viva voce vote, three judges and two clerks of 
election, who shall before receiving any votes severally take and 



42 GENERAL ELECTION LAWS. 

subscribe the oath or affirmation provided by law to be taken by 
judges and clerks of election, which oath may be administered 
by any person authorized by law to administer oaths. Immedi- 
ately upon said judges and clerks having been sworn as herein 
provided, the commandant of said State Soldiers' Home shall 
deliver to the judges of said election the poll books, tally sheets, 
ballots and printed matter that he may have received from the 
secretary of state and the various county clerks under the pro- 
visions of this act. [Id., § 5.] 

Manner of voting. Sec. 102. Each elector shall before de- 
livering his ballot to one of the judges announce his name, the 
county, township or ward and representative district of which 
he is a resident, all of which shall be entered on the poll book 
opposite the elector's name. The judge shall announce in an 
audible voice the name of the elector and his residence as given 
by him, and if no objection be made, and the judges are satisfied 
that he is a qualified elector, as represented by him, the clerks 
shall write in the proper column the name of the voter, with the 
county, township or ward, and number of the representative 
district of which he claims to be an elector, and the judges shall 
deposit his ballot in the ballot box. [Id., § 6.] 

Sec. 103. The provisions of the general election laws of the 
state relative to opening and closing of the polls, testing the 
qualifications of the electors, the authentication of the poll 
books, the opening of the ballot box, the counting of the ballots, 
and all other provisions of the general election laws of the state 
which are in their nature applicable, shall be applied to elec- 
tions held under this act. [Id., § 7.] 

Judges to transmit returns. Sec. 104. It shall be the 
duty of the judges to attach together, wrap up and seal securely 
a certified copy of the poll books and tally sheets, and indorse 
thereon, "A certified copy of an election of citizens of Kansas 
who are inmates of the State Soldiers' Home at said State Sol- 
diers' Home on the — day of A. D. ," and to direct 

and forthwith transmit by mail to the secretary of state, at the 
state capital. The original poll books and tally sheets shall be 
similarly attached together, wrapped up and indorsed, and, with 
the ballots, shall be retained by one of the judges, to be for- 
warded to the secretary of state in the event of the loss of the 
copy first transmitted. [Id., § 8.] 

Secretary of state to record votes. Sec. 105. It shall be 
the duty of the secretary of state, on receipt of any returns of 
any election held pursuant to this act, to open the same and 



VOTES OF SOLDIERS. 43 

record all votes cast for state officers, members of congress, or 
electors of president or vice-president of the United States to 
the respective candidates for whom they were given, and to file 
the records away in his office; and it shall be his duty, on or 
before the first Monday after such election, to transmit to the 
county clerk of each county a certified abstract of all the votes 
polled for county and township officers by citizens of such 
county who are inmates of the State Soldiers' Home, together 
with the township or ward or representative district of which 
they were residents, as appears by the official records of his 
office. [Id., § 9.] 

Vote, how canvassed. Sec. 106. Whenever there shall be 
qualified electors of the county absent from their voting pre- 
cincts who are inmates of the State Soldiers' Home on the day 
of any general election, the board of county commissioners shall 
meet at the office of the county clerk at 10 o'clock a. m. on the 
second Friday next after such election, and shall then proceed 
to open and count the returns of votes given for county and 
township officers certified by the secretary of state to have been 
polled for such county officers by absent electors, inmates of 
the State Soldiers' Home, and shall be governed in such canvass 
by the general laws of the state of Kansas applicable in such 
case: Provided, That the inmates of the State Soldiers' Home 
shall be exempt from registration as required by law in the 
cities. [Id., § 10.] 

Who qualified. Sec. 107. No person shall be permitted to 
vote under the provisions of this act who was not at the time 
of his admission as an inmate of said State Soldiers' Home a 
qualified elector under the laws of Kansas in the township or 
ward where he claims to have his vote counted. [Id., § 11.] 

Booths, etc. Sec. 108. The booths, ballot boxes and other 
things necessary for the holding of elections under this act shall 
be furnished by and be the property of the state, and. when not 
in use the ballot boxes and booths shall be preserved and cared 
for by the quartermaster of said Soldiers' Home. [Id., § 12.] 



OHAPTEE VI. 
PUKE ELECTIONS LAW. 

(Chapter 77, Laws of 1893.) 



An Act to prohibit the corrupt use of money and corrupt practices at elections. 

Promises and payment of money prohibited. Sec. 
109. Any person who shall lend or give any money or other 
valuable thing to any other person to induce him to cast his vote 
either for or against any candidate for public office; or any 
person who shall lend or give any money or other valuable thing 
to any other person to induce him to refrain from voting or to 
remain away from the polls; or any person who shall lend or 
furnish any money or security therefor to any other person or 
persons to be used for any of said purposes; or any person 
who shall knowingly refund or make good to any person or 
persons any money expended for any of said purposes ; or any 
person who shall directly or indirectly give or procure to be 
given or promise to give any money, gift or reward, or any 
office, place o.r> employment upon any engagement, contract, 
agreement, or understanding, that the person to whom or for 
whose benefit such gift or promise shall be made, shall, by him- 
self or any other person, procure, or endeavor to procure or 
work for, the election of any person to any public office at any 
election, shall be punished by a fine of not less than one hundred 
dollars or more than one thousand dollars, or by imprisonment 
in the penitentiary for not more than two years, or both. 

Payment for working at the polls unlawful. Sec. 110. 
It shall be unlawful to hire, or to lend or pay or promise to pay 
any money, or to give or promise to give anything of value to 
any person to work at the polls on any election day in the in- 
terest of any party, or any ticket, or any candidate or candi- 
dates. It shall be unlawful to lend or pay or promise to pay 
any money, or to give or promise to give anything of value to 
any person for work or services on election day, in endeavoring 
to influence or procure any other person or persons to come to 

(44) 



PURE ELECTIONS LAW. 45 

or remain away from the polls. It shall be unlawful to lend or 
pay or promise to pay any money, or to give or promise to give 
anything of value to any person for work or services on election 
day in endeavoring to influence or procure any other person or 
persons to vote or refrain from voting for any candidate or 
candidates. [§ 2.] 

Giving away of liquor and cigars on election day. 
Sec. 111. It shall be unlawful for any candidate for public 
office to distribute or give away any intoxicating liquors or 
cigars on election day; or at any time to authorize or employ 
any person to distribute, or give away any intoxicating liquor 
or cigars for him or in his interest or behalf on election day ; 
or to procure or pay for, directly or through any other person, 
any intoxicating liquors or cigars to be so distributed or given 
away, or which shall have been so distributed or given away on 
election day. [§ 3.] 

Giving of liquor and cigars for influence. Sec. 112. 
It shall be unlawful for any candidate at any time to give away 
any intoxicating liquors with intent to influence the vote of any 
person or persons ; or to employ or authorize any other person 
to give away any such liquors with such intent ; or to purchase, 
procure or pay for, directly or through another person, any 
such liquors to be given away with such intent; or to pay for, 
either before or after election, any such liquors which shall 
have been given away with such intent. [§ 4.] 

Restrictions in regard to vote on a proposition. 
Sec. 113. All acts forbidden to be done by any such person in 
the interest, or on behalf, of any candidate for office shall be 
equally unlawful if done to influence the vote of any person or 
persons for or against any proposition to amend the constitution, 
or any proposition to vote bonds for any public purpose or in 
aid of any enterprise, or any proposition for subscription to the 
stock of any corporation; and any person so offending shall be 
punished by a fine not exceeding $500 dollars, or by impris- 
onment not exceeding two years, or by both. [§ 5.] 

Committees also restricted. Sec. 114. All acts forbid- 
den to be done by any candidate shall be equally unlawful if 
done by any member or officer of any state, district, county, 
city, ward, or township committee, or of any club, organization, 
or association, designed to promote, or engaged in promoting 
the success or defeat of any party, or the election or defeat of 
any candidate to a political office ; and any member of such 



46 GENERAL ELECTION LAWS. 

committee, club, or other organization, who shall pay or per- 
sonally authorise the payment of any money to any person for 
any purposes forbidden in this act, shall be punished by a fine 
not exceeding five hundred dollars, or by imprisonment not ex- 
ceeding one year. [§ 6.] 

Candidate file statement. Sec. 115. Every person who 
shall be a candidate at any election for any state, county, 
municipal, or district office, shall, within thirty days after such 
election, make and file with the county clerk of the county in 
which said candidate resides, a detailed statement of all moneys 
loaned, expended, paid, or promised to be paid by him, or by 
anyone to the best of his knowledge and belief in his behalf, in 
attempting to secure or in any manner in connection with, the 
election to such office. Such statement shall show the name of 
every person, committee, club, or other organization, to whom 
any payment or loan has been made, and the name of every 
person, committee, club, or other organization, to whom or to 
which any money, compensation or pecuniary reward of any 
kind has been promised, for any article furnished, or services 
performed on account of, or in connection with said election, 
and also the amounts so paid, or loaned, or promised to be paid. 
Said statement shall be verified before some officer empowered 
to administer oaths, and the form of said verification shall be 
as follows : " I, , do hereby solemnly swear that the fore- 
going is a full and true statement of the expenses incurred by 
me or by anyone in my behalf, to the best of my knowledge and 

belief, to secure my election to the office of in the year 

; and I further solemnly swear that I have not expended 

or loaned, in the campaign for said office, directly or indirectly, 
nor have I authorized any other person, for or on my behalf, 
to expend or loan, directly or indirectly, nor have I promised, 
or obligated myself, directly or indirectly, to pay any money or 
give any other thing of value for any of the objects or purposes 
forbidden by the act of the legislature entitled 'An act to pro- 
hibit the corrupt use of money and corrupt practices at elec- 
tions.' » [§7.] 

Committees file statement. Sec. 116. Every state, dis- 
trict, county, city, ward, or township committee, or any club, 
organization or association designed to promote, or engaged in 
promoting the success or defeat of any party, or the election or 
defeat of any candidate or candidates to political office, shall 
have a treasurer, and shall cause to be kept a detailed account 
of all moneys, or property, or other thing of value, received by 



PURE ELECTIONS LAW. 47 

it, and of the manner in which the same shall be expended ; and 
within thirty days after any election at which state or municipal 
or county or district officers, or members of congress are chosen, 
the treasurer of such committee, club, or other organization, 
which shall have expended money, or property, or other thing 
of value in the campaign preceding such election, or in any way, 
in connection with the same, shall file with the county clerk of 
the county in which such committee, club or other organization 
has its headquarters, a statement of all its receipts and expend- 
itures, showing in detail from whom said moneys or property, 
or other thing of value, were received, to whom said moneys, 
or property, or other thing of value, were paid, for what spe- 
cific purposes each payment was made, and the exact nature of 
the service rendered in consideration thereof. Any person not 
a member of any such committee, club or organization, who 
collects or disburses funds, or property, or other thing of value, 
exceeding five dollars in the aggregate, for the purpose of pro- 
moting the election or defeat of any candidate or candidates, 
shall file and verify a statement of the same kind required to 
be filed by treasurers of committees. [§ 8.] 

Members of committees make report of expenses. 
Sec. 117. Any member of any committee, club or other organi- 
zation described in section 8, who shall receive or disburse any 
moneys, or property, or other thing or value, for political cam- 
paign purposes in connection with any election set forth in said 
section shall forthwith furnish the treasurer of such committee, 
club or other organization a detailed statement of all moneys, 
or property, or other thing of value, received or disbursed by 
him, or he shall verify and file an individual account, as above 
provided for persons not members of any such committee, club, 
or other organization; and such treasurer shall include such 
statement in his statement required by said section. No mem- 
ber of any committee, club or other organization described in 
section 8 shall receive or disburse any moneys, or property, or 
other thing of value, for political or campaign purposes, or in 
connection with any election, unless the committee, club, or 
other organization of which he is a member shall first have 
chosen a treasurer to keep its accounts as provided in said 
section. [§ 9.] 

Detailed statements must be verified. Sec. 118. 
Statements filed by the treasurer of any committee, club, or 
other organization required by this act to be filed, shall be veri- 



48 GENERAL ELECTION LAWS. 

fied before some officer authorized to administer oaths, and the 
form of said verification shall be substantially as follows: 

f f I, , treasurer of , do solemnly swear that the 

foregoing is a full and true statement of all receipts and of all 
expenditures of the said in connection with the cam- 
paign preceding the election held on the day of , 

to the best of my knowledge and belief." The statement filed 
by any other person than a candidate or the treasurer of a 
committee, club, or other organization, shall be verified before 
some officer authorized to administer oaths, and the form of 

said verification shall be as follows : " I, , do solemnly 

swear that the foregoing is a full and true statement of all 
moneys, or property, or other thing of value, received by me, 
and of all moneys expended by me, in connection with the cam- 
paign preceding the election held on the day of ." 

[§ 10.] 

Penalty for false statement. Sec. 119. Any person who 
willfully makes any false statement in any sworn statement 
required by this act shall be deemed guilty of perjury, and 
shall be punished as provided by law for such offenses. [§ 11.] 

Office declared vacant, when. Sec. 120. Any person 
elected to any office who shall be proven in a contest of such 
election or in any other manner provided by law to have violated 
any provisions of this act shall forfeit his office, and said office 
shall be declared vacant and shall be filled in the manner pro- 
vided by law for filling vacancies occasioned by death or resig- 
nation. [§ 12.] 

Penalty. Sec. 121. Any person violating any provision of 
this act for which a penalty is not herein specially prescribed, 
shall be punished by a fine not exceeding five hundred dollars, 
or less than ten dollars, or by imprisonment not exceeding one 
year or less than ten days, or both. [§ 13.] 

Voluntary work not prohibited. Sec. 122. This act 
shall not be deemed to prohibit voluntary work for or on behalf 
of any candidate for public office, nor shall it prevent the 
necessary expenditure of money for public meetings, printing, 
postage, telegraphing, office rooms for actual bona fide use by 
political committees, with fuel and light therefor, music, sta- 
tionery, livery, clerical assistance in committee work, flag, 
transparencies, compensation and expenses of public speakers, 
but all expenses for any such purposes, either by committees 



PURE ELECTIONS LAW. 49 

or by candidates, shall be set forth in the respective statements 
herein provided for. [§ 14.] 

Duty of county clerk. Sec. 123. It shall be the duty of 
the county clerk to indorse on each statement filed with him 
pursuant to this act, the date of the filing thereof, and to pre- 
serve the same among the public records of his office. [§ 15.] 



Appendix, 



APPEOYED FOEMS. 



FORMS TO BE USED IN CONNECTION WITH PURE ELEC- 
TIONS LAW. 



Report of Election Expenses — Candidate. — 864-2. 

[To be filed with the County Clerk within thirty days after election.] 

Statement of moneys expended, loaned, paid, or promised to be paid by 



candidate for 



of 



county, Kansas, or anyone in 



his behalf, in attempting to secure (or in any manner in connection with) the 
election to such office; including every person, committee, club or organization 
to whom any payment or loan has been made or promised, for any article fur- 
nished or services performed on account of or in connection with said election. 



Date. 


To Whom Paid. 


For What Purpose. 


Amount. 


Month. 


Day. 


Year. 


Dols. 


Cts. 






































Total, 







State of Kansas, 



County, ss. I, 



-, do hereby solemnly swear 



that the foregoing is a full and true statement of the expenses incurred by me, 
or by anyone in my behalf, to the best of my knowledge and belief, to secure 

my election to the office of , in the year ; and I further solemnly 

swear that I have not expended or loaned, in the campaign for said office, 
directly or indirectly, nor have I authorized any other person, for or on my 
behalf, to expend or loan, directly or indirectly, nor have I promised or obli- 
gated myself, directly or indirectly, to pay any money or to give any other 
thing of value for any of the objects or purposes forbidden by the act of the 
legislature entitled "An act to prohibit the corrupt use of money and corrupt 

practices at elections." So help me God. : . 

Subscribed and sworn to before me, this day of , A. D. 189 — . 

(50) 



APPROVE I) J- OR MS. 



51 



Report of Election Expenses — Treasurer. — 865 2. 

[To be filed with the County Clerk within thirty days after election.] 

Statement of moneys, property, or other thing of value, received by 

as Treasurer of , and the manner in which the same was expended, in- 
cluding all its receipts and expenditures, from whom received and to whom 
paid, and for what specific purposes each payment was made, and the exact 
nature of the services rendered in consideration thereof, in the interest of 

, and in the campaign preceding the election held in , county of 

, State of Kansas, on the day of , 189 — . 

RECEIPTS. 



Date. 


Of Whom Received. 


For What Purpose. 


Amount. 


Month. 


Day. 


Year. 


Dols. 


Cts. 






































Total, 







EXPENDITURES. 



Date. 


To Whom Paid. 


For What Purpose. 


Amount. 


Month. 


Day. 


Year. 


Dols. 


Cts. 






































Total, 







State of Kansas, 



County, ss. I, 



-, Treasurer of 



-, do 



solemnly swear that the foregoing is a full and true statement of all receipts 
and of all expenditures of the said in connection with the campaign pre- 
ceding the election held on the day of , A. D. 189 — , to the best of 

my knowledge and belief. So help me God. 

Subscribed and sworn to before me, this day of — 



A. D. 189—. 



FORMS TO BE USED IN CONNECTION WITH AUSTRALIAN 

BALLOT LAW. 



Certificate of Nomination. — 904-2. 

[Form approved by Attorney-General and Secretary of State.] 



Certificate of Nomination for — 

(State, district, county, or municipality.) 



Offices. 



We, the undersigned, in accordance with the law relating thereto, do hereby 
certify that at a held for that purpose, in the of , State of 



52 



GENERAL ELECTION LAWS. 



Kansas, on the 



day of 



189 — , the following nominations were 



made for the offices herein designated, viz. : 



Office to be Filled. 



Name of Candidate. 



Party. 



Residence. 



Of 



Kansas, 

Secretary. 



of 



Kansas, 

Chairman. 



State of Kansas, 
this day of 



County, ss. Personally appeared before me, 

189 — , , whose name is subscribed to the above 

certificate, who, being duly sworn, on oath says that the same is true, to the 
best of his knowledge and belief. 

In testimony whereof, I have hereunto set my hand and affixed my official 
seal, the date above written. , Notary Public. 

( Commission expires , 189 — .) 

Nomination Paper. — 900-1. 

[Form approved by Attorney-General and Secretary of State.] 

The Undersigned, qualified voters of the , in accordance with the 

laws relating thereto, make the following nominations of officers to be voted 
for at the election to be held in , on the day of , 189 — : 



Office to be Filled. Name of Candidate 



Party. 



Residence. 



Signatures. 



Residences. 
( Town or city, street and number, if any.) 



Declination of Nomination. 

[Form approved by Attorney-General and Secretary of State.] 

State of Kansas, , County, ss. , Clerk: You are 

hereby notified that I decline to be a candidate for the office of in the 

■ of . I therefore hereby notify you not to cause my name to be 

printed upon the official ballots distributed for the election to be held on the 

day of , 189—. 

(Signed) . 



APPROVED FORMS. 53 

State op Kansas, County, ss. Personally appeared before me, 

this day of , 189 — , , whose name is subscribed to the above 

declination of nomination, who, being duly sworn, on oath says that the same 
is his own act and deed. 

In testimony whereof, I hereunto subscribe my name and affix my official 
seal, on the date above written. 

, Notary Public. 

( Commission expires , 189 — . 



Notice of Appointment — Judge or Clerk of Election — 
Township.— 901-2. 

[Form approved by the Secretary of State and Attorney-General.] 

, Kansas, , 189—. 

To , of P. 0.: 

You are hereby appointed to act as a of the election to be held in 

precinct, on the day of , 189 — . Polls shall be open at 8 

o'clock a. m. and closed at 6 o'clock p. m. of that day. You are required by law 
to appear before me at least one day before the date above mentioned, and take 
and subscribe an oath to faithfully and honestly perform your duty as such 

. This you should do immediately, that proper notice thereof maybe 

given the County Clerk, from whom the Judges will receive the official ballots. 

The place designated for holding said election is located . 

If you decline or find it impossible to serve as such of election, notify 

me at your earliest convenience. , 



Toionship Trustee. 



OATH. 



State of Kansas, County, ss. I swear that I will support the 

Constitution of the United States and the Constitution of the State of Kansas, 

and faithfully and honestly perform my duty as of the election to be 

held in precinct in said county, on the day of , 189 — . So 

help me God. . 

Subscribed and sworn to before me, this day of , A. D. 189 — , at 

o'clock — m. , 

Township Trustee. 



Certificate of Appointment — Township Judges and Clerks of 
Election.— 905-2. 

Note.— This certificate should be made and filed with the County Clerk at the earliest date 
practicable, under the law, that he may have proper information as to what judge or judges he 
may deliver the ballots and cards of instructions to voters. 

To , County Clerk of County, Kansas : 

You are hereby notified that I have made the appointments of Judges and 

Clerks for the township of , to serve at the election to be held on the 

day of , 189 — , as listed below, together with the dates of qualifica- 
tion. 



54 



GENERAL ELECTION LAWS. 



Precinct. 


Judges. 


Clerks. 


P. 0. Address. 


Date of 
Qualification. 




Mo. 


Day. 


Year. 













































The places designated for holding said election are 
For precinct, ; for precinct, — 



Witness my hand, this 



day of 



— ; for — 
, 189 — , at , Kansas. 



precinct, 



Trustee of 



Towns7iip. 



Receipt for Ballots, Instructions, etc. 
, Kansas, 



189—. 



Received of 
to be used at — 
held on the day of 



, Clerk of 



county, by 



official ballots, 
- election to be 



voting precinct in said county, at the — 

— , 189 — , to be returned in the manner prescribed 



by law. Also, 



Instructions to Voters, for posting at said precinct. 



Judge of Election, 



Precinct. 



Requisition for Additional Voting Papers or Ballots.— 907-3. 

[Form approved by Attorney-General and Secretary of State.] 

o'clock — m., , 189— 



To 



(County Clerk, if a general election, or City Clerk, if municipal.) 

Requisition is hereby made for ballots or voting papers, in addition to 

those heretofore furnished, for the use of precinct, — 

county, at an election held , 189 — . 



city, 



Such additional ballots being rendered necessary on account of 



Judges of Election of said Precinct. 



[Oath to be used if one judge only signs requisition.'] 

State of Kansas, County, ss. Subscribed and sworn to by , 

personally known to me to be one of the Judges of said election, the date above 
written. 



Notary Public — Justice of the Peace — in said County. 
(Commission expires , 189 — .) 



APPROVED FORMS. 55 

Receipt for Returned Ballots. 

, Kansas, , 189—. 



Received of , Judge of the election held on the day of , 

189 — , at voting precinct in said county, a package, sealed with sealing- 
wax, said to contain ballots voted at said election, and taken from the 

ballot box in said precinct, together with ballots unused, and a sealed 

package marked "Defective or objected to" ballots, and said to contain 

ballots. 

, Clerk. 



IT K 



General Election Laws 

or Kansas 



SYSTEMATIZED FOR THE CONVENIENCE OF ELECT- 
ORS AND ELECTION OFFICERS. 



By G. C. CLEMENS 



Crane -& Company, Publishers 
Topeka, Kansas 

189 9 



Necessary 
Election 
Supplies 



FOR COUNTIES 



Register of Ballots Issued, Returned and' Destroyed. 

Register of Nominations Made, and Judges and Clerks appointed. 
Cards of Instructions to Voters. ', 

Poll Books and Tally Sheets, including the. necessary envelopes. 
Books of Receipts (100 each) of Judges receiving ballots. 
Books of Receipts (100 each) to Judges returning ballots. 
Certificates of Nomination. 
Nomination Papers. 

Nomination Papers for Vacancy caused by Death. 

Nomination Papers for Vacancy caused by Declination. 
Notice, of Objections to Nominations. 

Report of Election Expenses — Candidate. 
Report of. Election Expenses — Treasurer. 

Report of Election Expenses — Individual. 
Notice to Judges of Election of New Names Added. 
Requisitions for Extra Ballots. 

Certificates of Appointment of Judges. 

Notice of Appointment — Judge or Clerk of Election. 
Declination of Nomination. 

Copies of Election Laws, edition of 1899, with annotations. 
Certificates of Election. 
Official Bonds. 
Recommendation for Appointment — Judge and Clerk of Election ( Town- 
ship.) 916-4. 
Notice of Township Trustee — To Chairman of Committee to recommend 
Judges and Clerks. 917-4. 



order C* ftx+yc* JC» I f\ T0PEKA » 

FROM W'l dllC VV ^^Ll» KANSAS. 



Election 

..Supplies 

REQUIRED BY TOWNSHIP. 

Nomination Papers (by petition). 

Notices of Appointment of Judges and Clerks. 
Certificates of Nomination. 

Declination of Nomination. 

Nomination Papers — vacancy caused by death. 

Nomination Papers — vacancy caused by declination. 

Notice of Township Trustee — to Chairman of Com- 
mittee to recommend Judges and Clerks. 

Recommendation for Appointment — Judges 
and Clerks of Election (Township.) 

Requisitions for Extra Ballots. 

Notices of Objection to Nomination. 

Canvas Folding Voting Booths, $6.50 each. 
Ballot Boxes, galvanized iron, $3.00. 
Guard Rail, 25c. per foot. 

Large Needle and Copper Wire, 5c. 
Sticks of Sealing Wax, 5c. each. 
Wax Seal, $1.00. 

Lead Pencils — soft black. 

"Kansas Election Laws," 25c. 

The attention of Township Trustees and Township Treasurers is 
called to Section 2, Chapter 39, Laws of 1898, which provides for Trus- 
tee's Annual Statement of Accounts Allowed, and also Statement of 
Township Treasurer, to be. posted at the polls on election days. This 
law will be found in our Township Officers' Guide, 1899 edition. 

We have in stock the necessary blanks to comply with the require- 
ments of this law, and respectfully solicit your order for a supply of them. 
They are-*— 

" Annual Statement of Accounts Allowed— Township Trustee— 217-2. 
Annual Statement of Township Treasurer— 218-1." 

FOR SALE BY 

CRANE & CO., Topeha, K&p. 



CRANE & CO., Publishers, 

TOPEKA, KANSAS. 



The General Statutes of Kansas, 1889. 2 vols. Full law binding, .... $5.00. 

Official edition. Containing all the laws of a general nature, including the Acts of the Session of 
1889. Compiled and thoroughly annotated by Irwin Taylor. 

Session Laws, 1891, 1893, 1895, 1897 and 1899, each, $2.00 ; by mail, .... 2J5 
The Tax Laws of Kansas. Full law binding, 5.00 

Consisting of the Statutes and the Syllabi of the Decisions of the Supreme Court on questions re- 
lating to Taxation, together with a digested Index, by Irwin Taylor. 1884. 

Spalding's Kansas Treatise. 1890 Edition. 1 vol. 8vo., 5.00 

Revised and re-edited, by W. R. Hazen. Many new notes, forms and citations added. 

Appellate Jurisdiction and Procedure ) ' „ „ ' 

of the Supreme Court of Kansas, \ By g. c. Clemens, 1.00 

Taylor's Brief-Digest. Vol. I. Full law sheep, 5.00 

The first thirty-three volumes of the Kansas Reports. 

Taylor's Brief-Digest. Vol. II. Full law sheep, 5.00 

Containing Vols. 34 to jfroi Renostss. The two volumes at one order, $8.50. 

Dassler's Digest of Suprftrhe* Court Decisions. 2 vols. Full law, 9.00 

A digest of the first fifty-.one volumes of Kansas Reports, together with Woolworth's and Dillon's 
Circuit Court Reports, and some unreported decisions. Fully cross-referenced. 

Dassler's Book of Forms, and Conveyancer's Manual, contains 422 forms, 

446 pages. 1894. Cloth, $4.00. Full sheep, 4.00 

Kansas Pleading and Practice in Civil Cases. Full law binding, 6.00 

By Irwin Taylor. With Forms. 

Kansas Criminal Law and Practice. 2 vols. 8vo. 1892, 8.00 

With Forms. By Irwin Taylor. 

Scott's Probate Law and Practice, for Kansas. Law sheep, 3.00 

Annotated Civil Code of Practice. Law sheep, 4.00 

By Irwin Taylor. With annotations. 

The Constitutions, State and National, pamphlet, 0.25 

Notaries' Manual. Law sheep, 2.50 

Township Officers' Guide. Pamphlet, 0.75 

Manual of the Road Laws. Pamphlet, 0.25 

Constables' Guide. Pamphlet, 50 cents. Law sheep, 1.00 

General Election Laws of Kansas. 1899. Pamphlet, 0.25 

Corporation Laws of Kansas. Half sheep, 1.25 

Justices' Guide and Docket Entries. Pamphlet, 0.25 



History of the Birds of Kansas. Full cloth binding; 693 pp., 6.00 

By N. S. Goss. Fully illustrated. 

Admire' s Political and Legislative Hand-Book. 1891, 2.00 

Kansas Methodist Pulpit. 24 Sermons. Illustrated, 1.00 



Session Laws of Kansas, old or new, bought and sold. 

Excelsior First Reader, 0.15 

" Second " 0.25 

Third " ... 0.35 

Fourth " 0.40 

Fifth " 0.50 

Government in the United States, with Kansas Addendum, 0.50 

Stepping Stone to Singing 0.50 

Arithmetical Drill Book, 0.50 

Hoenshel's English Grammar, 0.45 

Outline of Logic (Westlund), "..•-.. 0.40 

History of Kansas (Hazelrigg), 1.00 

Wooster's Reading Chart, $8.00; mounted on Tripod, $10.00 



School District and Township Records, and Blanks of Every Description. 

Our General Catalogue will be Mailed to all Applicants, 



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